M. RAJESHKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) On 14/4/2007, when P.W.11, Ravanan was on duty at the Tiruttani Police Station, an incident happened within the Police Station itself, in which, P.W.2, Ramesh lodged a complaint to the effect that P.W.2 is a constable. He fell in love with another Constable, namely Kokila and both of them were married. While so, the accused M.Rajesh Kumar, who is also a Constable, confronted him, accosted him stating that when already he and the said Kokila were in a relationship, how dare he got married to the said Kokila. He started sending abusive messages. While so, on 14/4/2007, when he was proceeding in his father's Car, the said accused waylaid him and thrashed him on the face, confronting him how dare he could still have contacts with the said Kokila. He, therefore, ran inside the Police Station. There also, the first accused Rajesh Kumar and the second and third accused, being his mother and sister, followed him and hit him with a cricket bat and iron rod inside the Police Station itself, which is witnessed by the Police personnel present in the station and hence the complaint.

(2.) On the strength of the said allegations, a case in Cr.No.132 of 2007 for the offences under Ss. 341, 294B, 324 and 506(ii) of the Indian Penal Code, was registered and P.W.12 completed the investigation and laid a Final Report proposing the accused guilty for the offences under Ss. 341, 294B, 323, 325 and 506(ii) of the Indian Penal Code. The case was taken on file as C.C.No.319 of 2009 by the learned Judicial Magistrate, Tiruttani and upon appearance of the accused and furnishing of copies under Sec. 207 of the Code of Criminal Procedure, the accused denied committing the offences and stood trial. In order to bring home the charges on behalf of the prosecution, P.Ws.1 to 12 were examined and Exs.P-1 to P-11 were marked and the old cricket bat was produced as M.O.1. Upon being questioned about the material evidence and incriminating circumstances, the accused denied the same as false. Thereafter, no evidence was let in on behalf of the defence.

(3.) The learned Judicial Magistrate, Tiruttani proceeded to hear the learned Assistant Public Prosecutor and the learned Counsel on behalf of the accused and by a judgment, dtd. 20/5/2019, acquitted the accused Nos.2 and 3. The accused No.1 was found guilty of the offence under Sec. 341 of the Indian Penal Code and was imposed with a sentence of Simple Imprisonment of one month and a fine of Rs.500.00 and in default of payment of fine, to undergo Simple Imprisonment for one more week. The accused No.1 was also found guilty for the offence under Sec. 323 of the Indian Penal Code and was imposed with a sentence of Simple Imprisonment for a period of one year and to pay a fine of Rs.1,000.00 and in default of payment of fine, to undergo three weeks Simple Imprisonment. The first accused was also found guilty of the offence under Sec. 325 of the Indian Penal Code and was imposed with a punishment of two years Simple Imprisonment and a fine of Rs.5,000.00 and in default of payment of fine, to undergo one month Simple Imprisonment. The first accused was also found guilty of the offence under Sec. 506(ii) of the Indian Penal Code and was imposed with a sentence of two years Simple Imprisonment and a fine of Rs.5,000.00 and in default, to undergo one month Simple Imprisonment.