M SHEIK DAWOOD Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal No.267 of 2010 is preferred by A1, A4, A5 and A6 in S.C.No.532 of 2006 on the file of Principal Sessions Court, Madurai, aggrieved by imposing of 3 years Rigorous Imprisonment and Rs.3,000/- fine, in default 3 months Rigorous Imprisonment for offences under Sections 307 r/w. 109 of I.P.C.

(2.) The Criminal Revision Case No.130 of 2013 is filed by P.W.1/the de- facto complainant for enhancement of the punishment imposed on accused Nos.1, 4, 5 and 6 for offences under Sections 307 r/w. 109 I.P.C.

(3.) The short facts of the case is that on 18.09.2004, at about 12.30 p.m., when one Subaria Begam was waiting in Mattuthavani Bus stand, she was abducted by A4 in a Toyota Qualis Car bearing Registration No.TN 58 F 3999. A2, A3 and A6 were accompanying A4. The girl was taken to the house of A1 at K.K.Nagar. After calling A1 through phone, A4 to A6 brought the girl to the de-facto complainant viz., Dr.K.Abdul Latiff's house. The car was driven by A4. But before reaching to the complainant's house, they proceeded in New Natham Road. So, the complainant rushed to the main road from his house along with the witnesses and intercepted the vehicle and brought back the vehicle to his house and questioned the occupants why they have taken the young girl forcibly. A4 was on the wheels of the Toyota Qualis Car. At that time, with an intention to run over Dr.K.Abdul Latiff (de-facto complainant) and kill him, reversed the car at high speed. One of the witnesses by name Mohamed Ali pulled the complainant and saved him, else the de-facto complainant could have been killed. With this allegation, complaint has been registered by the local police and after investigation, charges were framed against A1 to A6 for various offences such as 352, 366 of I.P.C., Section 4 of Tamil Nadu Prevention of Women Harassment Act, 307 of I.P.C. etc. Specifically the charge under Section 109 r/w. 34 of I.P.C., has been framed against the first accused for abetment and common intention.