A. PALANIVELU Vs. STATE AND ORS.

JUDGEMENT

(1.) CRIMINAL Revision Case is against acquittal. On the complaint of one N.A. Palanivelu, S/o. Appukutti Gounder, Neelakattupudur, Kangayam, Thiruppur District, Inspector of Police, Kangayam Police Station has laid a charge sheet against A1 for offences under Sections 147, 148, 448, 427 and 506(ii) IPC and against A2 to A4 for offences under Sections 147, 148, 448 and 427 IPC in C.C. No. 614 of 2005. On trial, the learned Judicial Magistrate has acquitted the accused under Section 248(1) Cr.P.C. All the accused have been arrayed as respondents in this revision case.

(2.) CASE of the prosecution is that the accused on 02.12.2005 about 23.30 hours, when the complainant viz., N.A. Palanivelu was in his house at Palakad, Neelakattupdur, accused 1 to 4 and others unlawfully entered into the godown with dangerous weapons viz., wood, panankai piece, chowkwood, Iron pipe and iron rod and damaged the godown. A1 with iron rod and A2 with Iron pipe, A3 with stones, A4 with wood and the minor 5th accused went to the top of the godown and damaged the same with the abovesaid deadly weapons. Damage was estimated at Rs. 40,000/ -. Further alleged that A1 threatened the complainant with dire consequences by showing the iron rod. FIR has been registered on the file of the Inspector of Police, Kangayam Police Station, Tiruppur in Cr. No. 614 of 2005 for the offences stated supra. Though, prosecution has cited 12 witnesses, only 9 witnesses were examined. Others were dispensed with. Exs.P1 to P7 and M.Os. 1 to 8, have been marked.

(3.) PROSECUTION has examined one Mr. Govindaraj, Mr. Subburaj, Mr. Iyyappan and Mr. N.A. Palanivelu/Complainant as eye witnesses Pws.1, 7, 5 and 3 respectively. PW6 is an hearsay witness. PW2, is the Observation Mahazar witness, PW.9, is the Village Administrative Officer, PW.8 is the Sub Inspector of Police and PW.4 is the Inspector of Police. PW1, Govindarajan, though examined in chief, was not available for cross examination.