P R SUBRAMANIAN Vs. PERIAKARUPPAN

JUDGEMENT

(1.) THIS revision filed under Secs,397 and 401 of the Code of criminal Procedure is directed against the order of the learned Assistant sessions Judge, Devakkottai passed in Crl. M. P. No. 110 of 1987 in Sessions Case no. 196of 1986 on 14. 3. 1988 discharging respondents 1 to 38 herein from the trial for the various offences alleged against them.

(2.) SHORT facts of the prosecution case as culled out from the case records and the order passed by the learned Assistant Sessions Judge are extracted as follows: The revision petitioner is the complainant and the first witness in the charge-sheet filed by respondent No. 39 viz. , Inspector of police, Devakkottai Town Police Station. The petitioner was having a shop in front of the police traffic point in Tirupat-thur Road in Devakkottai town in which he was having the office for the Right Communist Party. It appears further that in connection with the bidding in the Municipal Auction for daily and weekly sandies, there was some misunderstanding and competition between the petitioner and his supporters on the one hand and respondents 1 to 38 and the other 15 accused on the whole numbering about 53. In this connection, the case of the petitioner is that on a prior occasion prior to the occurrence though the respondents herein and other accused were requested to give the prosecution party a chance to bid in the auction, they refused. While that being so, at about 10. 30 p. m. on 11. 3. 1986 when the petitioner herein along with the other prosecution witnesses by name Palanisamy, Sivalingam, Karunanidhi, Muthu, Pichai Moideen Ganapathy was talking about the bidding in the abovesaid auction to be held on 12. 3. 1986 in his office above referred, respondents 1 to 3 alongwith about 70 persons entered into the premises of the petitioner. The first respondent/accused 1 instigated the other accused to attack the petitioner and the prosecution witnesses with weapons like aruval, sticks and stones and accordingly, they were attacked and damages caused. Besides their attack and damaging all the things therein, they caused damage to the scooter, motor cycle belonging to the prosecution witnesses to the extent of Rs. 2 ,00 0 and further, they robbed a Seiko wrist watch and a sum of Rs. 1,500 from witness palanisamy and went away. Consequently all the prosecution witnesses who were injured got the treatment from the Government Hospital, Devakkottai and on the report of the petitioner a case in Devakkottai, P. S. Cr. No. 82 of 1986 was registered against the accused and investigated by respondent number 39 viz, the Inspector of Police, Devakkottai Town Police Station. On completion on investigation the Inspector of Police laid charge-sheet against the respondents 1 to 38 and 15 other accused under Secs. 147,148,323, 324, 325, 452, 109,114,307 read with Sec. 149, I. P. C.

(3.) POIN t : It is the admitted case that among the 53 accused who stood charged by the 39th respondent, since A-36 by name Narayanan had not attended the court below in spite of warrant issued against him and he was away from the country, the case against him had been split up as S. C. No. 61 of 1988. Originally, 53 accused stood charged by the 39th respondent herein for the various alleged offences above referred for having trespassed into the shop, belonging to the petitioner at about 10. 30 p. m. on 11. 3. 1986 in which the petitioner along with the other prosecution witnesses was talking in connection with their participation in the Municipal Auction for daily and weekly san-dies to be held on the next day, under the direction and supervision of A-1 to A-3, the rest of the accused attacked the prosecution witnesses including the petitioner and caused several bleeding injuries to all the witnesses with lethal weapons and stick and damaged motor cycle and scooters belonging to them which resulted in the lodging of the first information report immediately to the police and the prosecution witnesses had been to the government Hospital, Devakkottai and got treatment. The 39th respondent took up investigation and recovered all the damaged articles by preparing observation mahazar and seizure mahazars and examined the witnesses and investigated the case and filed charge-sheet against 53 accused in the court.