ASOKAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is directed as against the judgement dtd. 22/11/2019, passed in S.C.No.384 of 2016 by the learned Sessions Judge, Special Court -II for trial of Criminal Cases related to elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, thereby convicting the appellant and sentenced him to undergo six months simple imprisonment and to pay a fine of Rs.1,000.00 in default, to undergo further period of two weeks simple imprisonment for the offences under Sec. 509 of IPC and sentenced him to undergo three years imprisonment and to pay a fine of Rs.10,000.00 in default to undergo further period of one month simple imprisonment for the offence under Sec. 307 of IPC and further sentenced him to undergo six months simple imprisonment for the offences under Sec. 20 r/w Sec. 30 of Arms Act.

(2.) The case of the prosecution is that the appellant was a special representative of the Government of Tamil Nadu and he was allotted government housing and he was living with the defacto complainant and their son and daughter. While being so, in the month of December, 2015, there was a flood in Chennai and the defacto complainant's mother Saroja was also staying with them. On 6/12/2015, when the defacto complainant and her son and daughter along with the former aide to the appellant, one Sathish went to Kotturpuram to deliver relief materials to the flood affected general public and returned to their house at 9.30 p.m. The appellant was also returned at that time and on seeing Sathish, he suspected the defacto complainant's fidelity and abused her. He also abused the defacto complainant in obscene language while climbing the stairs.

(3.) Immediately after entered into the house, the appellant threatened the defacto complainant to leave the house, since she had illegal intimacy with the said Sathish. Thereafter, he went to his room and came out with his revolver. Immediately, the defacto complainant pushed her mother and children outside and they went to downstairs. The appellant pointed the revolver at the defacto complainant and shot at her twice. However, the said bullets passed her without any injury. Immediately, she and her mother and children went to the respondent police station and lodged complaint.