MOHAMMED YUSUF Vs. R. THIRUNAVUKKARASU

JUDGEMENT

(1.) THIS appeal is directed against the judgment of acquittal dated 27.09.2006 made in C.C. No.200 of 2001 on the file of the learned Chief Judicial Magistrate, Srivilliputhur.

(2.) THE case of prosecution, in brief, is as follows:

(3.) THE learned counsel appearing for the appellant would submit that on 06.05.2001 the appellant and six persons were canvassing the people for State Assembly Election at Srivilliputhur. At that time, since they were canvassing against BJP, Jeyavel, Saravana Karthikeyan, Ramasamy and 7 others have caught hold of them and handed over them to the police station, where the second respondent herein was there. At that time, P.W.1 has given a complaint to him and that has not been registered, but whereas, he obtained a complaint from Jeyavel and registered a case and assaulted them and caused injury. Even though P.W.1 gave a complaint, case has not been registered. Hence, he preferred a complaint to the Superintendent of Police, Virudhunagar District, on 11.05.2001, after he was enlarged on bail on 10.05.2001. Though he has sustained injury, the police department has not taken any steps against the real culprits. Then, he gave a private complaint and cognizance of offence has been taken after considering the evidence of P.Ws.1 to 7 and Exs.P.1 to P.7. However, the accused have been acquitted from the charges levelled against them.