SING ARAVELU Vs. STATE

JUDGEMENT

(1.) This revision is directed against the judgment of the Chief Judicial Magistrate, South Arcot at Cuddalore in Criminal Appeal No. 158 of 1980, confirming the conviction and sentence recorded by the Judicial Second Class Magistrate, Cuddalore passed against the Petitioner under Section 75 of the Madras City Police Act to pay a fine of Rs. 50, in default to suffer simple imprisonment for one week.

(2.) P.W.1, the S.I. of Police, Kurinchipadi filed a charge-sheet under Section 75 of the Madras City Police Act alleging that on 10th June, 1980 at about 7:40 P.M. the revision Petitioner was using vulgar language and behave indecently in a public place and caused inconvenience to the public and the traffic. Except P.W.1 no other witness was examined on the side of the prosecution.

(3.) When the accused was examined under Section 313, Cr. P.C. he had stated that this case has been foisted on him and that P.W.1 deposed falsely on account of enmity and examined the witnesses, D. Ws.1 and 2, who are father and son respectively in support of his defence. Their evidence is to the effect that on the date of the occurrence at 5 P.M. P.W.1 came to the village for enquiry in connection with a dispute between them, that P.W.1 beat D.W.2 with an umbrella, that the accused, who is the caste headman (nattammaikarar) of the village, condemned the action of P.W.1 and that P.W.1 was aggrieved of the same and threatened to take action against him.