M AYILSAMY Vs. P ARULAPPAN

JUDGEMENT

(1.) Heard Mr.S.Palanivelayutham, learned counsel appearing for the petitioners, Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. Side) appearing for the second respondent and Mr.P.A.Solomon, learned counsel appearing for the first respondent.

(2.) This revision case has been filed to set aside the Judgment dated 18.04.2015 made in C.A.No.71 of 2011 on the file of the learned IIIrd Additional District and Sessions Court, Tirunelveli by confirming the Judgment dated 03.05.2011 made in C.C.No.81 of 2008 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli. The petitioners were convicted and sentenced to undergo two months simple imprisonment and to pay a fine of Rs.1,000/- (Rupees One Thousand only) for offence punishable under Section 500 of IPC in default one week simple imprisonment. The first respondent has made an allegation that he was subjected to humiliation by excommunicating him from his own caste and community and he was prevented from participating the social functions conducted by the petitioners. The first respondent and his family members are protestant Christians, the first petitioner is a Hindu and the second petitioner is a Catholic Christian. The petitioners and first respondent belonged to the same community. The father- in-law of the first respondent filed a civil suit against the individuals and thereby, it is stated that the fame of the community is disreputed. The resolution was passed on 12.11.2001. As against the said resolution, the complainant filed a petition on 07.10.2004. The learned Judicial Magistrate, Valliyoor, Tirunelveli vide Crl.M.P.No.6685 of 2004 dated 17.12.2004 dismissed the petition on the ground of limitation. Against the order, the first respondent preferred criminal revision petition in Crl.R.C.No.89 of 2005 and the same was dismissed on 04.02.2005. Against the order, the first respondent preferred an appeal in Crl.A.No.131 of 2008 and the Apex Court remand back the matter for fresh disposal on 21.01.2008. Thereafter, the complaint was taken on file on 08.01.2018. After elaborately trial, the learned Judicial Magistrate, Valliyoor has found the petitioners guilty and convicted and sentenced them to undergo two months of imprisonment and to pay a fine of Rs.1,000/- (Rupees One Thousand only) in default to undergo one week imprisonment.

(3.) Against the judgment, the petitioners preferred an appeal before the learned Additional District and Sessions Judge/FTC No.I, Tirunelveli vide C.A.No.71 of 2011. The learned Additional District and Sessions Judge passed an order on 09.11.2011 setting aside the order of conviction and imposed a fine of Rs.9,000/- (Rupees Nine Thousand only). Against this order, the first respondent has preferred appeal in Crl.R.C.No.845 of 2013 and the same was disposed on 02.02.2015 by remanded back to learned Additional District and Sessions Judge/FTC No.I, Tirunelveli vide C.A.No.71 of 2011 for fresh disposal. After hearing argument on both side, the IIIrd Additional District and Sessions Judge, Tirunelveli confirming the order of the trial Court on 18.04.2015.