G SAMBANDAM Vs. V S PARI

JUDGEMENT

(1.) THE criminal appeal arises out of the judgment of acquittal dated 24.03.2005, made in C.C.No.98 of 1996, on the file of the Judicial Magistrate's Court No.I, Kancheepuram.

(2.) THE appellant as a complainant preferred a private complaint stating that on 10.12.1994, at about 5.55 p.m., the respondents/accused 1 and 2 had trespassed into P.W.1's office namely, Kanchipuram Co-operative Housing Society, which was situated in Door No.12A, Sappani Pillaiyar koil street, Kanchipuram, where P.W.1/complainant was a Secretary. One Velliveediar was the Secretary of the Chengai MGR District Co-operative Society (Employees Co-operative Thrift and Credit Society), where P.W.1/complainant was the President, during the year 1984 to 1991. A1 is the elder brother and A2 is the husband of Velliveediar.

(3.) MR.G.Krishnamurthy, learned counsel appearing for the appellant/P.W.1 submitted that the trial Court has not properly appreciated the evidence let in by the complainant's side witnesses. There is no reason for discarding the evidence of P.W.1 to P.W.5 and P.W.1's evidence is corroborated by P.W.2 to P.W.4. P.W.5/Dr.Punitha kumari, gave treatment to P.W.1 and the injury sustained by P.W.1 was proved by way of marking Ex.P5/wound certificate. It is further submitted that since the learned Magistrate has not considered the evidence in proper perspective, the judgment passed by him is perverse. To substantiate his arguments, he relied upon the judgments of Apex Court in respect of appreciation of evidence. He further submitted that non-examination of independent witness is not fatal, for which, he also relied upon the judgments of Apex Court. Hence, he prayed for setting aside the acquittal order passed by the trial Court.