S A SHAJAHAN Vs. R KAHDAR BEG

JUDGEMENT

(1.) The accused in P.R.C. 10/89 on the file of Judicial Magistrate No. 5, Salem, have filed this petition under S. 482, Cr. P.C., praying to call for the records in the above case and quash the same.

(2.) Short facts are : The Respondent has filed the private complaint against the petitioners for offences punishable under S. 307, IPC (2 counts), against A 1 and A2 and under S. 307 read with 34, IPC against A3 and A4 and against A 1 to A4 under Ss. 450 and 452, IPC. The allegations in it are briefly as follows : Accused 1 and 2 are the brothers of the complainant's wife Mumtaj Begum. A3 is the co-brother of the complainant. A4 is the wife of A3. There is enmity between the complainant and accused 1, 3 and 4 for the past 14 years. Arrangements were made for the marriage of the complainant's sister-in-law Hajirabai. With a view to stop that marriage, at the instance of accused No. 1, his wife had written letters containing false allegations and consequently the marriage talks came to an abrupt end. The complainant's father-in-law had scolded A 1 and A2 regarding the above. On 17-5-87 at 6-30 a.m. accused 1 to 4 came to the house of the complainant. A 1 abused him with obscene words. When the complainant protested, all the accused abused the complainant and his family members. The complainant protested. At that time, A3 caught hold of the complainant, A 1 said "vernacular word" omitted --Ed and aimed a cut with the knife on his head. The complainant stepped aside and consequently the cut landed on the right upper lip, causing bleeding injury. A 1 again used the same Tamil word and stabbed the complainant and it landed on his right cheek. A2 used the same word and beat on the right fore-head of the complainant with iron pipe. With a view to save the life of the complainant, his wife Mumtaj Begam intervened. A4 caught hold of her and A2 used the same Tamil word and forcibly stabbed on the left chest of Mumtaj Begam. Mumtaj Begam warded it of with her hand and consequently she escaped death. A2 used the same word to wards Mumtaj Begam beat with iron pipe on her right chest and flank. The complainant's brother-in-law Dr. Saleem intervened. A 1 stabbed him with knife, causing injury on the right wrist and in the right fore-arm. A2 attempted to beat Dr. Saleem with iron pipe and chased him. The complainant tried to snatch the knife from A 1 and in the malee, A 1 sustained an injury on his left hand. Dr. Saleem gave information to the police and police came to the scene and sent the injured persons to Government Hospital Salem. They took custody of accused 1 to 3 and handed them over in Ammappettai Police Station. A4 ran away from the scene place.

(3.) The complainant and his wife were admitted as in-patients, since the complainant's wife was in a precarious condition, the Judicial Magistrate recorded a dying declaration from her. Policeman from Ammapettai Police Station wrote down the report of the complainant; but did not read it over and obtained his signature. They also obtained his signatures in two or three blank white papers. From the beginning the Sub-Inspector of Police, Ammapettai was siding the accused. He refused to seize the blood stained clothes of the complainant's wife. He did not investigate the case properly. He did not record the statement of complainant's witnesses and eye-witnesses. He had created records in order to favour the accused. Hence this private complaint.