VELLAIAMMAL Vs. THIRUMAL ASARI

JUDGEMENT

(1.) This is a Criminal Revision Case filed by P.W. 1 Vellaiammal in C.C. No. 635 of 1982 on the file of the Court of the learned Judicial Second Class Magistrate-III, Madurai, against the judgment delivered by the said Court in the said case on 22-7-1983, acquitting A-1 to A-5/respondents 1 to 5 herein under S.248(1) Cr. P.C., finding that they are not guilty under Ss. 143, 323 and 325 I.P.C. The sixth respondent in this Criminal Revision Case is the State represented by the Sub-Inspector of Police, C-2 Oomachikulam Police Station.

(2.) The Sub-Inspector of Police, C-2 Oomachikulam Police Station filed a charge-sheet against A-1 Thirumal Asari, A-2 Karunanidhi, A-3 Veerabathiran alias Nallan, A-4 Alagammal and A-5 Lakshmi under S.143, S.323 and S.325, I.P.C. alleging that on 5-10-1981 at about 6 P.M. at Kancharampettai near the house of P.W. 1 Vellaiammal, A-1 to A-5 with a common object, gathered as an unlawful assembly and that A-1 Thirumal Asari abused P.W. 1 and beat her on her left cheek with the handle of an umbrella, as a result of which one of her teeth fell down. At that time, P.W. 1 told the accused that with respect to the place, they should not dig any pit because there had been a case pending with respect to that place in a Civil Court. In spite of the said intimation regarding the case pending in the Court, A-1 had resorted to the above act against P.W. 1. A-3 housed the son of P.W. 1 and also beat him. A-4 and A-5 abused P.W. 2 and beat her with hand. They also dragged her by catching hold of her tuft and also trampling her with their legs. The lower Court had framed charges against A-1 under S.325, I.P.C. and under S.43, I.P.C. The lower Court had also framed charges against A-2 to A-5 under S.341 and under S.143, I.P.C.

(3.) On behalf of the prosecution, P.W. 1 Vellaiammal, P.W. 2 Vellathayee, P.W. 3 Rasu, P.W.4 Sundaram, P.W. 5 Dr. Mohideen, Medical Officer and P.W. 6 Arumugham, Head Constable were examined. Ex. P.1 complaint and Ex. P-2 wound certificate were filed on behalf of the prosecution.