BHAGYAM ALIAS BHAGYATHAMMAL Vs. PANDIAN AND ORS.

JUDGEMENT

(1.) THIS is a Criminal revision case filed by P.W. 1 Bhagyam alias Bhagyathammal in C.C. No. 328 of 1981 on the file of the Court of the learned Judicial II Class Magistrate, Vedasendur against the order of acquittal made by the said Court under S. 255(1) of the Criminal Procedure Code finding that Al to A5 are not guilty under Ss. 147, 447 and 341 of the Indian Penal Code.

(2.) THE case of the complainant -State represented by the Sub -Inspector of Police, Erode Police Station is that on 25 -5 -1981 at about 12 noon at Varadharajapuram the accused 1 to 5 respondents 1 to 5 herein, namely A1 Pandian, A2 Ellappan, A3 Perumal, A4 Chinnaraman and A5 Ramanujam gathered as an unlawful assembly with an intention to create disturbance in the land belonging to the revision petitioner herein, trespassed into the said land, obstructed the ploughing of the land and thereby committed offences under Ss. 147, 447 and 341 of the Indian Penal Code. A charge -sheet was filed containing the above allegation by the Sub -Inspector of Police, Erode Police -Station, against respondents 1 to 5 herein before the Lower Court.

(3.) P .W. 1 Bhagyam alias Bhagyathammal has stated in her evidence that she is owning land at Varadharajapuram, which was bequeathed on her by her father by means of a Will, that she is ploughing the said land and cultivating in it. The accused are giving her trouble very often. She obtained an order of injunction against them from the court at Dindigul. She also obtained an order for Police Bandobust. On 25th May, 1981 she had been ploughing the said land by engaging a tractor on hire with Police Bandobust. At that time, her husband, brother -in -law Rangaraj were present at that place, along with the Sub -Inspector of Police and four constables, who came there for bandobust. At about 12 noon A1 to A5 trespassed into the land and obstructed the ploughing by the tractor. The accused also shouted that the complainant and others should go away from the land if they wanted to maintain respect. Through her husband, P.W. 1 had reduced a complaint in writing and handed it over to the Sub -Inspector. Ex. P2 is the order of the High Court dismissing the Appeal that had been preferred by A1 in the High Court against the order obtained by P.W. I. Ex. P3 is the copy of the Letter Patent Appeal that bad been preferred. Ex. P4 is the petition filed by P.W. 1 at Dindigul Sub -Court praying far Police bandobust. P.W. 2 Thirumalaiswamy has stated in his evidence that he is the husband of P.W. 1 and reiterated the evidence of P.W. 1 in his testimony.