PALANIAMMAL Vs. PACHAIAPPAN

JUDGEMENT

(1.) THIS Criminal Appeal filed under Section 378 of Criminal Procedure Code with the leave of the court is directed against the judgment and order of acquittal dated 15.04.1997 made by the learned Judicial Magistrate No.1, Dharmapuri in C.C.No.120/1992 on the file of the trial court acquitting the first and second respondents herein/Accused 1 and 2 in respect of an offence punishable under Section 494 IPC and acquitting the respondents 3 to 6 herein/Accused No.3 to 6 in respect of an offence punishable under Section 494 read with Section 109 IPC for which they were tried before the trial court.

(2.) THE facts leading to the filing of the present appeal can be briefly stated thus: -

(3.) THE learned Judicial Magistrate No.1, Dharmapuri, on receipt of the said complaint in writing, recorded the sworn statement of the appellant/complainant, took it on file as C.C.No.120/1992 and issued process to the respondents/accused under Section 204 Criminal Procedure Code. On appearance, the respondents/accused were questioned regarding the accusations made against them by the appellant/complainant. As they denied the allegations, a charge under Section 494 IPC against the first and 2nd respondents/first and second accused and a charge under Section 394 R/w 109 IPC against the other respondents, namely respondents 3 to 6, were framed. After having the charges read over and explained, all the respondents/accused 1 to 6 pleaded not guilty. Hence they were tried for the above said offences.