K. PALANISAMY Vs. THE SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) THE prosecution witnesses 1 and 2 being the victim at the hands of the accused/Respondents 2 to 6, who are five in number are challenging the judgment rendered by the learned Judicial Magistrate, Bhavani, in C.C. No. 513 of 91 dated 24 -5 -1995 thereby acquitting all the accused/Respondents 2 to 6 for the offences under Sections 147, 148, 447, 324, 323 and 326 IPC on several Courts.

(2.) THE Revision Petitioners being the son and the father along with P.W.3 were in their garden house situated at Chinna Naicken Thottam, Mathur village in Periyar District. There existed a rivalry between them and the accused herein and as such, in the midnight on 30 -6 -1991, it was alleged that the five accused armed with crowbar, knife, stick and other lethal weapons formed an unlawful assembly with the common object of committing trespass, attacking P.Ws.1 to 4, entered into the house of the Revision Petitioners and thus having gained the entry attacked P.Ws.1 to 4 and ran away after causing simple and grievous injuries and consequently, on the next day evening a complaint was registered by Vellithiruppur police station and followed by the investigation, after examining the Medical Officers and other witnesses with regard to the treatment given to four injured, and recording their statements, preparing rough sketch regarding the scene of crime, and mahazar and so on, Vellithiruppur Police laid a final report against the five Respondents before the learned Judicial Magistrate. After the issuance of process, on entering their appearance, copies of the relevant documents relied upon by the Petitioners were furnished and when questioned all the accused denied their complicity as a whole and consequently the trial commenced. The revision Petitioners and the other injured were examined as P.Ws.1 and 2, P.Ws.3 and 4 who were mother and sister of the first Petitioner. Thus, all the four, who sustained injuries, were examined before the court below and cross examined. They have stated the overt acts of the five Respondents which led to the sustaining of the respective injuries to their body, giving of the complaint to the police and their getting treatment from the medical officers concerned as well as the complaint given for the recovery of the material objects under the cover of mahazars Exs.P.2, P.3 and the blood stained clothes recovered from them under the cover of mahazars Exs.P.4 to P.7 and so on. To testify the abovesaid fact P.Ws.5 and 6 claimed to have been the attestors of the mahazars were also examined. Thus, the non -official witnesses including the four victims and two attestors of the mahazars were duly summoned, they appeared before the trial court and spoke their versions before the trial court.

(3.) IT was this judgment which is being canvassed by P.Ws.1 and 2, who are the sufferers at the hands of not only the accused but also the police.