SHANMUGAM Vs. STATE

JUDGEMENT

(1.) APPELLANTS are accused 1 to 3 in S. C. No. 32 of 1995 on the file of II Additional Sessions Court, Erode. By the Judgment dated 04. 10. 1996, the learned Sessions Judge has convicted the Appellants / A. 1 to A. 3 of the Charge Wrongful Confinement under S. 343 I. P. C. (against A. 1 and A. 2); S. 343 r/w 34 I. P. C. (against A. 3) and imposed fine of Rs. 1,000/- on each of them. By the same Judgment, the learned Sessions Judge has acquitted the Appellants / A. 1 to A. 3 of the Charge under S. 302 I. P. C. (against A. 1); S. 302 r/w 34 I. P. C. (against A. 2 and A. 3 ).

(2.) DECEASED Karuppasamy Gounder is the husband of A. 2 Rajammal. A. 1 Shanmugam is the son of A. 2 and deceased Karuppasamy Gounder. A. 3 Rasa Gounder is the father of A. 2 Rajammal. The accused are the residents of Vavikadai Village.

(3.) CASE of prosecution could briefly be stated thus:-About Two years prior to the occurrence, there arose differences between Karuppasamy Gounder and his family. Hence Karuppasamy Gounder left the family and he was living alone and working in Tiruppur. Deceased Karuppasamy Gounder was frequently visiting Vavikadai; but he would not visit his house. On 09. 09. 1994 12. 00 noon, P. W. 1 - Murugasamy saw Karuppasamy Gounder in the Bus Stop at Vavikadai. A. 1 and A. 2 had taken him to their house. In their house, A. 1 and A. 2 chained Karuppasamy Gounder and tied him to a Kattai which was fixed in the Wall. On 11. 09. 1994, Ramasamy Gounder - the relative of the accused came to the house of Karuppasamy Gounder. He asked A. 1 and A. 2 not to torture Karuppasamy Gounder and to leave him. In turn, A. 1 and A. 2 replied that if Karuppasamy Gounder gives them the money from the Private finance, they would leave him. Ramasamy Gounder informed them that he would arrange for the money; but A. 1 and A. 2 did not pay heed. Ramasamy Gounder, P. W. 1 and others left the place. Karuppasamy Gounder continued to be in confinement.