SEMBULINGAM Vs. PARAMASIVAM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in S.C.No.470/1992 on the file of the Assistant Sessions Judge, Virudhachalam. THIS case has been filed as a private complaint by the complainant Sembulingam before the Judicial Magistrate, Neyveli, which was taken on file as PRC.No.6/1990. After furnishing copies to the accused under Section 207 Cr.P.C., the learned Judicial Magistrate has committed the case under Section 209 of Cr.P.C., to the Court of Sessions, since the case is triable by Sessions Judge.

(2.) THE short facts of the case of the complainant in the complaint are as follows:

(3.) THE complainant, as P.W.1, would depose that he his working at National Lignite Corporation and got retired. On 18.5.1990 his(P.W.1) daughter-in-law Palaniyammal entered into a quarrel with A8-Ramakrishnan while she was collecting pot water at the water tap and A8-Ramakrishnan had also scolded his daughter-in-law and thereupon the complainant went there and warned A8-Ramakishnan. A8-Ramakrishnan thereby retaliating and criminally intimidating that by next week he will see that the complainant and his family members were driven out of the village. On 19.05.1990 at about 8.00 am the accused 20 in number assembled in front of his house and at that time he along with his daughter Selvi, Chinnamal, Navammal, Loorthammal and his son Balakrishnan were sitting in front of his house taking breakfast, at the instigation of the first accused the other accused A1, A7, A12, A14, A5, A4, A3 broke open the door and A3, A19 & A18 climbed on the roof and smashed the tiles. A1, A7, A5, A12, A14, A4 & A10 have robbed 11 bags of cashew nut. P.W.1, thereafter, went to Arachuli bus stop along with his family members in order to prefer a compliant with the police. A1 along with other accused came there and assaulted him on the forehead of P.W.1. A7 had assaulted on the back side of the head with bamboo stick. A17 had assaulted him with bamboo stick on the temporal region. A5 had assaulted him on the right shoulder on the back and also on the right ankle. A4 had bet him on the back. When his brother-in-law's wife Navammal intervened A20 made an attempt to bet her with a bamboo stick and the same was prevented by her with hands. A6 as assaulted Navammal on the right hand. A8 has assaulted Loorthammal with rod on the right forearm. A9 had assaulted with a bamboo on the back and right thigh A5 had assaulted Loorthammal on the back and right thigh with bamboo stick A2 had assaulted on the back and A17 has assaulted on the back and thigh of Chinnasamy. A9, A11 & A13 have also pelted stones and the occurrence was witnessed by Kamaraj, Venkataraman & Balu. THEy went along with the village people into the house and saw the tiles were damaged by the accused and 10 bronze utensils, 10 eversilver utensils and 10 = bags of cashew nut were stolen. THEy went to the police station to prefer a complaint and Sub-Inspector of Police had bet him with a lathi and refused to take his complaint. He was sent to Government Hospital at Virudhachalam by police and that the doctor in the hospital had examined him and treated him for the injuries he had sustained and that he had made arrangements to take photographs for the place and that he was in the hospital under treatment for nearly 21 days and that his son has sent telegram to the Chief Minister, Inspector General and Deputy Superintendent of police. Since the police failed to take action against the other accused he has preferred this private complaint. Ex.P.1 is his complaint.