STATE Vs. K R RAJAGOPALAN

JUDGEMENT

(1.) THIS Criminal Appeal is filed against the Judgment dated 31.12.2004 in S.C.No.2/2001 on the file of the learned Chief Judicial Magistrate No.1 cum Special Judge, Dharmapuri at Krishnagiri, Dharmapuri District.

(2.) FOLLOWING are the essential details of prosecution case

(3.) BEFORE the trial court, both the accused were questioned under Section 313 Cr.P.C. and both the accused filed written statements separately under Section 243 (1) of Cr.P.C. . In the written statement filed by the first accused, he has stated that the case is falsely foisted on him, that PW2 applied for name transfer of LIG 139 which was allotted to his son Jayaprakash Naren, that he was utilising the said house for running flour mill which caused nuisance to the neighbours and complaints were received in that regard and hence notices dated 10.02.1999 and 13.04.1999 were sent to PW2 to remove the flour grinding machine from the house and hand over the possession of the house to TNHB since the same was allotted to Jayaprakash Naren, son of PW2, who was no more, that PW2 sent a reply to the office of TNHB dated 26.02.1999 [Ex.D1] in which he has stated that his son died on 08.09.1995 and also admitted that he is running flour mill in the said house, that since PW2 has misused the house which was allotted to his son, letter dated 09.11.1999 [Ex.D2] was sent to PW2 to hand over the possession of the house and in reply to Ex.D2, PW2 sent a reply dated 25.11.1999 [Ex.D3] in which he sought for reconsidering the order of cancellation. Further PW2 sent a letter dated 03.12.1999 requesting for name transfer of LIG 139 in his favour which was allotted to his son Jayaprakash Naren, that first accused had never demanded bribe from PW2 for name transfer, that it is false to state that PW2 met him in his office and he demanded Rs.6,0000/ and that the first accused asked PW2 to pay Rs.3000/ , that on 11.01.2000 at about 4.00 p.m., he did not come to his office and he did not demand any amount and he did not ask him to pay the amount to second accused and that only to take vengeance PW2 had lodged the complaint.