DEVENDIRAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) This Criminal Revision arises against the order dated 17.02.2010 made in C.C.No.38/2008 passed by the learned Judicial Magistrate, Sholinghur, modified by the learned II Additional District and Sessions Judge, Vellore in Crl.A.No.16/2010 dated 6th November 2014.

(2.) The case of the prosecution is that on 26.01.2008 at about 4.00 p.m., petitioners along with other accused went to defacto complainant's house and demanded that he sell his land to them. When he refused to do so, A1 picked up a stone threw it and hit him on his left knee and caused grievous injury, A2 picked up another stone and throwing it, caused simple injury to the left thigh. A3 pushed defacto complainant down and kicked his back and A4 slapped his chest. The accused were accompanied by 11 persons and they told him that they already had broken his hand and threatened that if he did not sell the land they would set him ablaze. A case in Crime No.18 of 2008 on the file of respondent was registered. Upon completion of investigation and filing of charge sheet informing commission of offences under section 324, 325, 323 and 506(ii) IPC, the case was tried in C.C.No.38 of 2008 on the file of learned Judicial Magistrate, Sholinghur.

(3.) Before the trial Court, the prosecution examined eight witnesses and marked 10 exhibits and two material object. None were examined on behalf of the defence nor were any exhibits marked.