ULAGAMUTHUAMMAL Vs. STATE

JUDGEMENT

(1.) THIS revision by the private complainant (P.W.1) is directed against the order of acquittal passed by the Second Additional Sessions Judge, Tirunelveli in Criminal Appeal Nos. 191 and 197 of 1980.

(2.) THE brief facts of the prosecution case which give rise to this revision are as follows: P.W.1 is the widow of one Baliah Nadar. She was in possession and enjoyment of an extent of 27 cents of land inS.No.371/15 in Soorangudi village. A -1 is the son of the elder brother of Baliah Nadar, who died about 2 years prior to the occurrence. On 4 -2 -1979, both the accused along with four unidentified persons armed with kambu and aruval came to the above land and harvested the paddy raised in the land. P.W.2 gave information to P.W.1, who in turn took P.Ws. 3 and 4 and one another to the field and found the accused and others tying the harvested paddy in bundles. When P.W.1 raised objection, she was threatened by A.1 and A.2 that if she came near, she would be murdered and thereupon, the accused and four others carried the bundles of harvested paddy measuring about 3 -1/2 kottaie. P.W.1 reported the matter to the Village Munsif, P.W.5. Thereupon, a case was registered in Crime No.22 of 1979 of Nanguneri Police Station and charge -sheet was filed against the accused under Section 397, Indian Penal Code. In support of the prosecution case, 9 witnesses were examined, 8 exhibits were filed and one material object was marked.

(3.) THE learned First Additional Sessions Judge, Tirunelveli, convicted the accused under Section 447, Indian Penal Code and sentenced them to undergo R.I., for one month and also under Section 392 read with Section 397, Indian Penal Code, to undergo R.I., for 7 years and to pay a fine of Rs.200/ - in default to undergo R.I., for three months. On appeal, the learned Sessisons Judge, Tirunelveli, set aside the conviction and sentences. Hence, the aggrieved P.W.I has filed this revision.