N.VENDADAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appeal is directed against the order of acquittal dated 18.11.2016 passed in C.C.No. 178 of 2012 on the file of the learned Judicial Magistrate Court No. 2, Mettur.

(2.) PW 1/informant, Vengadam the appellant herein was a resident of Konnur, West Village, Mettur Circle, Salem district Chitra (PW 2) is the wife of PW 1, Vijayakumar (PW 3) is their relative, PW 8 is PW1's brother. PW1 was the trustee and Poosari of Chenraya Perumal Temple, Konnur. He had a dispute over the administration of said temple with Sampath, the first accused. On 04.01.2012 at about 11:00 a.m. PW1 was performing Pooja at Chenraya Perumal Temple, Konnur. The accused Sampath, Asokan, Rajasekaran and Perumal came to the temple and dragged PW1 from the temple while he was performing pooja and assaulted him. Chitra (PW2) and Vijayakumar (PW3) tried to rescue PW1. Chitra was assaulted by Perumal (A4), Sampath (A1) and Vijayakumar (PW3) was beaten up by Perumal, Sampath and Asokan. PW1 to PW3 were taken to Medical College Hospital, Salem for treatment in an ambulance. Dr. Vasanthakumar (PW11) examined PW1 at 1:20 p.m, PW2 at 1:30 p.m and PW3 at 1:35 p.m. on 04.01.2012 for the injuries said to have been caused by five known persons on 04.01.2012 at 11:00 a.m. using blade and hands. PW11 Doctor found multiple abrasions over chest of PW1. He found abrasions on forearm and on the face of PW He found multiple abrasions over face and forearms of PW3. The injuries sustained by PW1 to PW3 are simple in nature. Ex. P.8 to Ex.P.13 are the certificates issued by P.W.11.

(3.) P.W.9 Ramasundaram, the then Special Sub Inspector of Police attached to Karumalai Koodal Police station received an intimation from the Medical College Hospital, Salem and visited the hospital and recorded the statement of PW1 Vengadam and registered a case in C.No. 6/12 for the offence under Section 447, 341 and 323 IPC. Ex.P.4 is the FIR. He visited the scene of occurrence and prepared rough sketch (Ex.P.5) and observation mahazar (Ex.P.6) in the presence of witnesses. He examined the injured witnesses and other witnesses. PW.10 Natrajan, the then Inspector Karumalai Koodal Inspector took up further investigation and deleted the name of Ravichandran from the case. PW12 Inspector who succeeded PW10 took a further investigation and after completion of investigation he filed a final report before the Court for the offences under Section 447, 341, & 323 of IPC.