P.PARAMASIVAM Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal arises out of judgment of conviction and sentence passed by the learned Sessions Judge, Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram/trial Court in Special C.C.No.2 of 2015, dtd. 28/4/2016.

(2.) The conviction and sentence imposed by the trial Court, against the appellants/A1 to A9, are as follows:-

(3.) The gist of the case is that on 2/7/2010, at about 05.00 p.m., when PW1/defacto complainant and her husband/PW2 were ploughing their land with JCB vehicle for planting coconut trees, the 1st appellant came there and threatened them not to plough the land. At about, 06.00 p.m., again all the appellants came to the land of PW1, started attacking PW1 and her husband/PW2 with deadly weapons (MO1 to MO4). When PW3 and PW4 attempted to rescue PW1 and PW2, they were also assaulted by the appellants. Due to which, they sustained injuries and took treatment at Government Hospital, Attur. On the next day of occurrence i.e., on 3/7/2010, PW1 lodged a complaint before PW10/Sub Inspector of Police, Keelkuppam Police Station, Villupuram District. On receipt of the complaint, PW11 assigned C.S.R.No.67 of 2010 and on 4/7/2010, registered an FIR (Ex.P5) in Crime No.95 of 2010. Thereafter, PW13/Deputy Superintendent of Police, Kallakurichi Sub Division took up the investigation, visited the scene of occurrence, prepared Observation Mahazar, Rough Sketch (Exs.P2 and P7), seized the Material Objects (MO1 to MO6), examined the witnesses, recorded their statements, received the Accident Register of PW2 (Ex.P6) and on completion of investigation, filed the charge sheet before the learned Judicial Magistrate, Kallakurichi, which was taken on file as C.C.No.391 of 2012. The case was transferred to the file of the Special Court for Exclusive Trial of Cases Registered under SC/ST (POA) Act, Villupuram/trial Court and renumbered as Special C.C.No.2 of 2015.