J ANDAL Vs. G RAMACHANDRAN

JUDGEMENT

(1.) The appellant/complainant has filed this Criminal Appeal, challenging the judgment, dated 20.09.2007, in C.C.No.3 of 2004 on the file of the learned Chief Judicial Magistrate, Madurai.

(2.) The trial Court framed charges against the accused under Sections 148, 448, 120(B) r/w 192, 354, 427, 506(ii), 385, 220, 193 r/w 34 of IPC. The said charges are framed on the basis of the private complaint lodged by the complainant (P.W.1) that the alleged occurrence said to have taken place on 19.08.2003.

(3.) The case of the de-facto complainant is that on 19.08.2003 at about 02.00 a.m., while the de-facto complainant (P.W.1) and her family members were sleeping in their house, the accused 1 to 7 along with other persons trespassed into the de-facto complainant's house and assaulted the de-facto complainant's sons viz., P.Ws.5 and 6 with deadly weapons like guns, wooden stick and iron rod and dragged them outside the house. Besides, the accused 1 to 7 also molested P.Ws.1 & 2 and left the place. Again on 05.09.2003, the accused 1 to 7 came to the de-facto complainant's house and demanded Rs. 50,000/-. Pursuant to which, the de-facto complainant gave a complaint to various authorities. Since no action was taken on the basis of the complaint, the de-facto complainant has filed a private complaint against the accused under Section 156(3) Cr.P.C.