CHELLA MUTHU Vs. HARIKRISHNAN

JUDGEMENT

(1.) Aggrieved over the Judgment of the learned District and Sessions Judge, Ramanathapuram setting aside the judgment of the Chief Judicial Magistrate, Ramanathapuram in C.C.No.99 of 1992, the complainant in the original private complaint, has brought forth this appeal.

(2.) The appellant herein launched a private complaint before the Chief Judicial Magistrate Court, Ramanathapuram stating that on 28.11.1988 at about 10.30 a.m., himself and his wife surrendered before the Court of Judicial Magistrate, Mudukulathoor in connection with the Crime No.116 of 1988 registered in Peraiyur Police Station and at that time, at about 1.00 p.m.,the Inspector Ram Mohan, Head Constable Rajaram and some other constables kicked them and caused injury; that he was treated by a Doctor, Rajagopal who issued a certificate in that regard. Ex.P4 is Wound Certificate. After following procedural formalities, the case was taken up for trial.

(3.) In order to prove the accusation against these accused who are the respondent herein, the complainant examined himself as P.W.1 and three more witnesses. After completion of the evidence on the prosecution side, the accused was questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses which the accused/appellant flatly denied as false. No defence witness was examined.