RAJA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This appeal has been preferred as against the order of conviction and sentence passed in S.C.No.40 of 2004, dtd. 29/2/2016 on the file of the learned III Additional Sessions Judge (PCR), Madurai.

(2.) The case of the prosecution is that on 13/2/2001, at about 05.00 a.m., the accused went to the Tea shop owned by the victim, where the victim asked money for the Tea along with the earlier balance money which was borrowed from his son, the accused abused him with filthy language by mentioning his community name and attacked him by his hands and legs. He attacked his private part and also scrotal. Therefore, he sustained injuries and immediately he was taken to the Hospital. Hence, the complaint. On receipt of the complaint, the respondent registered the F.I.R in Crime No.196 of 2001 for the offences under Ss. 341 and 323 of I.P.C. After a period of six months, the victim died on 14/7/2001. Therefore, P.W.1-the wife of the deceased victim lodged another complaint. On receipt of the same, the respondent altered the offence under Ss. 341 and 323 of I.P.C into Ss. 341 and 302 of I.P.C and Sec. 3(2)(v) of SC/ST Act, 1989. After completion of the investigation, the respondent filed a final report and the same has been taken cognizance in S.C.No.40 of 2004 on the file of the learned III Additional Sessions Judge (PCR), Madurai.

(3.) On the side of the prosecution, they had examined P.W.1 to P.W.19 and marked Exs.P.1 to P.18. The prosecution also produced material object M.O.1 and on the side of the accused, no one was examined and marked Ex.D.1.