ELLAMMAL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal has been filed seeking to set aside the Judgment in Spl.Case No.5 of 2018 passed by the learned Special Judge (Principal Sessions Judge) Villupuram Sessions Division, Villupuram dtd. 25/10/2019 and convict the accused/respondents 2 and 3 herein by rendering exemplary punishment and also award victim compensation under Sec. 357(3) and 357(A) of Cr.P.C.

(2.) The respondent police registered the case in Crime No.733 of 2017 initially against the 2nd respondent for offence punishable under Ss. 379 and 304 IPC and during the course of investigation, the son of the 2nd respondent/3rd respondent herein was also arrested and the offences were altered into Sec. 304 IPC read with Sec. 135 (1) (a) of Electricity Act 2003 and after completing the investigation, the respondent police laid charge sheet before the Judicial Magistrate No.II, Tindivanam. The learned Magistrate taken the charge sheet on file in P.R.C.No. 18 of 2018 and after completing the formalities under Sec. 207 Cr.P.C., committed the case to the Special Judge (Principal Sessions Judge) Villupuram Sessions Division, Villupuram since the offences are exclusively triable by the Court of Session. The learned Principal Sessions Judge taken up the case on file in Spl.Case.No.5 of 2018 and after completing the formalities, framed the charges against the the accused/respondents 2 and 3 for offence under Sec. 135 (1) (a) of Indian Electricity Act and Sec. 304 (ii) IPC.

(3.) After framing the charges, in order to prove the case of the prosecution during trial, totally 10 witnesses were examined as P.W.1 to P.W.10 and 17 documents were marked as Exs.P.1 to P.17 besides 3 material objects were exhibited as M.O.1 to M.O.3.