RAJASEKARAN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THEAPPEAL arises out of the verdict of conviction in S.C. No. 160 of 1995 on the file of the Principal Sessions Judge, Mayiladuthurai, dated 20.11.2002, convicting the appellants/accused 1 to 3 under Section 332(2 counts) IPC and 506(ii)(2 counts) IPC and sentencing them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- each, in default to undergo simple imprisonment for three months for the offence under Section 332 (2 counts) IPC and sentencing them to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000/- each, in default to undergo simple imprisonment for three months for the offence under Section 506(ii)(2 counts) IPC. The sentence of imprisonment shall run concurrently.

(2.) THE motive for the case has been narrated here under: THE accused 1 to 3 are the appellants. On 22.10.1994 P.W.8, Kesavalu, gave complaint against his brother Janarthanam, A2/appellant-2 herein. In that complaint, he alleged that while he was standing behind the school, his brother Janarthanam along with Al and A3 prevented the complainant with wooden logs and they threatened him to be killed, in the event of refusing to divide the properties. For this overt act, he gave a complaint and the case has been registered under Sections 341 and 506(ii) IPC. That complaint was registered by Mayiladuthurai Police in Cr. No. 1890 of 1994 and it has been taken cognizance by the Court below in C.C. No. 2525 of 1996. In that complaint, P.W.8 complained against said Janarthanam, Rajasekaran and Ravishankar.

(3.) TO substantiate charges against the accused, in the trial Court, prosecution examined P. Ws. 1 to 9 and marked Exhibits P1 to P11 and marked M.Os.1 and 2. On behalf of the accused, one witness was examined and one document was marked as exhibit.