ELANGO CHANDRAN Vs. STATE

JUDGEMENT

(1.) THE revision petitioner/P.W.1/defacto complainant had levelled a written complaint before the Inspector of Police, Mambalam Police Station, Chennai 17, stating that he and Mrs.Ambica had worked as employees under one Mukesh as Salesman and Sales girl at his wall paper junction, for around 15 years. The monthly salary was Rs.3,500/ each, both demanded for an increase in their salary, the same was refused by the owner of the wall paper junction and thereafter they left their jobs. The defacto complainant went to his erstwhile employer's place and requested to settle the arrears of amount due to him, he told him to come to his office after one week. Accordingly, the said Mukesh, Pradheep and four others entered into his office, No.54, Saravana Street, T.Nagar, at about 12 noon and used abusive language. Pradeep took out a knife and forcibly placed it on his throat and questioned him as to where the things that belong to the Wall Paper Junction are. The accused Pradeep pulled at Ambica's saree and forcibly collected the key of the office from her and opened the drawer and collected all the wallpapers etc., and threatened them with their lives.

(2.) AFTER receipt of the said complaint, the respondent Police had registered a case in Crime No.1583 of 2003 under Sections 448, 294(B), 354, 506 (ii) IPC against the two accused. The prosecution had conducted an investigation and filed a charge sheet and examined seven witnesses and marked two documents, viz., copy of the complaint and observation mahazar and no material object. The said case converted into C.C.No.3516 of 2004 and tried by the XVII Metropolitan Magistrate, Saidapet.

(3.) P .W.2 Ambica had adduced evidence that she is working under P.W.1 as an Assistant. She deposed that she and P.W.1 had worked at Wall Paper Junction at Teynampet for the past 15 years and that both had demanded an increase of salary from their original salary of Rs.3,500/ but their employer refused to give any increase. Consequently, on 17.11.2003 both employees went to the employer's office and tendered their resignation with a request to settle their account. A 1 asked them to come after a week. P.W.2 further stated that on 28.11.2003 at about 12 noon, A 1 and A 2 had entered into the defacto complainant's shop bearing door No.54, Saravana Street and used abusive language and misbehaved with them. A 2 took a knife and placed it on the throat of P.W.1 and threatened his life. A 2 pulled her saree and forcibly collected the room key from her and then both of them left the occurrence place.