V. YESUDOSS Vs. C. MANIKANDAN

JUDGEMENT

(1.) This Second Appeal has been filed challenging the concurrent findings of the Courts below. The appellant is the plaintiff in the suit O.S.No.366 of 2010 on the file of the I Additional District Munsif Court, Kuzhithurai. The respondents are the defendants in the said suit.

(2.) The suit was filed for malicious prosecution and the plaintiff had claimed in the suit damages at Rs.50,000.00 from the defendants for the alleged malicious prosecution. According to the plaintiff, on 10/5/2004, the first defendant lodged a false complaint against the plaintiff before the Kuzhithurai Police Station as if the plaintiff and three others had assaulted him with their hands on chest, back of chest and lower part of abdomen by legs. According to the plaintiff, based on the said complaint, the Police issued a receipt No.347/04 to the first defendant and a case was registered under Sec. 323 IPC read with 190(1)b of CrPC. Subsequent to the filing of the charge sheet, the criminal case was numbered as S.T.C.No.1900 of 2004. According to the plaintiff, subsequently, during the course of trial, based on a memo filed by the Assistant Public Prosecutor of the Judicial Magistrate Court No.1, Kuzhithurai, the case was altered to a charge framed under Sec. 324 IPC against the plaintiff and the case was numbered as C.C.No.181 of 2005. According to the plaintiff, the second defendant has not properly investigated the case and the second defendant ought to have advised and protested to the acts of the Assistant Public Prosecutor as the case was not a fit case for alteration of charge to one under Sec. 324 IPC from Sec. 323 IPC.

(3.) The plaintiff was convicted and sentenced to undergo imprisonment till the rising of the Court (ITRC) and to pay a fine of Rs.1000.00 and in default, to undergo simple imprisonment for one month for the offence under Sec. 324 IPC by the Trial Court, namely, the Judicial Magistrate Court No.1, Kuzhithurai, by its judgment and decree dtd. 8/1/2007 in C.C.No.181 of 2005. Aggrieved by the said conviction, the plaintiff filed a Criminal Appeal before the Sessions Court at Nagercoil, Kanyakumari District in C.A.No.32 of 2007. The Appellate Court on 28/8/2009 in C.A.No.32 of 2007 allowed the criminal appeal filed by the plaintiff by acquitting the plaintiff by giving the benefit of doubt to him.