MADHESWARAN Vs. SHANMUGA AND OTHERS

JUDGEMENT

(1.) The order of acquittal dated 12.12.2005 passed in Calendar Case No.255 of 2002 by the Judicial Magistrate No.1, Namakkal is being challenged in the present Criminal Appeal.

(2.) The case of the complainant is that the accused 1 to 3 are junior paternal uncles of the complainant. A rice mill, which is situated in Manikampalayam belongs to father of the complainant and accused and with regard to the said rice mill, a partition suit has been instituted, wherein both preliminary as well as final decree have been passed. On 24.12.1995, the father of complainant has gone to Tiruchengode in connection with his business. On the same day at about 4 p.m., all the accused have come to rice mill with deadly weapons and the first accused has caught hold of mother of the complainant. Both the second and third accused have attacked her by using their hands and subsequently, all the accused has removed door of rice mill and placed the same in poultry farm of of one Sengodan. After occurrence, mother of the complainant has been admitted in hospital, where she has been given treatment. Thereafter, the complainant has given a complaint to the police, but the police have not investigated the case properly. Under the said circumstances, the complaint in question has been filed under section 200 of Code of Criminal Procedure, 1973 and the same has been taken on file in Calendar Case No.255 of 2002.

(3.) The trial court, after considering the available evidence on record has found that on the side of the complainant, sufficient evidence is not available so as to found all the accused guilty under the sections mentioned in the complaint and ultimately acquitted them. The order of acquittal passed by the trial court is being challenged in the present Criminal appeal.