M DURAIRAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision is directed by the accused in S.T.C. No. 8102 of 1985 against his conviction under section 75(1)(c) of the Madras City Police Act and the sentence to pay a fine of Rs. 100/-.

(2.) The brief facts which are necessary for the disposal of this revision are as follows:- P.W. 1 Damodaran (second respondent herein) is a resident of Vetri Nagar and he is the Divisional Manager of Smith Stanistreet Pharmaceuticals Limited. He informed P.W. 2 Sub Inspector through phone that the accused came in front of his house where his wife was standing and abused him in vulgar language. He raised a huge noise and questioned as to who was the leader and who was the secretary. When P.W. 1 asked the accused not to abuse him, he again shouted at him. P.W. 2, the Sub-Inspector of Police, K5 Police Station went to the scene place at about 7.30 P.M. and arrested the accused. He found the accused abusing P.W. 1 in vulgar language. He brought the accused to the police station and registered a case in Crime No. 766 of 1985 under section 75(1)(c) of the Madras City Police Act. Thereupon he sent the First Information Report to court. Since the accused was found in drunkenness, he sent the accused to the hospital and obtained Ext. P3 drunkenness certificate. Then he filed chargesheet against the accused for the above offence.

(3.) P. W s. 1 and 2 were examined in support of the prosecution case. When the accused was questioned under section 313, Cr. P.C. he denied the evidence as false. (The Magistrate came to the conclusion, on the basis of the evidence of P.Ws. 1. and 2, that the accused is liable for the offence under section 75(1)(c) of/the Madras City Police Act and consequently convicted and sentenced him as stated above. Aggrieved by the same, this revision is filed.