DURISAMY Vs. STATE

JUDGEMENT

(1.) THE petitioners are the accused in C.C.No.51 of 1997.

(2.) A case was registered in Crime No.176 of 1997, by the Inspector of Police, Kodumudi Police Station, under Secs.341, 323, 324, 506(ii) and 435 of I.P.C. on the complaint of one Palaniyammal against the petitioners herein. The complaint is that there was a dispute with regard to a pathway between the complainant and her brother. On 10.5.1997, at about 1 p.m., the complainant was proceeding in the disputed pathway for the purpose of drawing water. The sons of the complainant were taking food at that time. At that time, the 1st accused Duraisamy and his wife Arukkani, the second accused questioned the complainant as to how she could come by the said pathway, to which the complainant replied that she also had a right over the pathway. Immediately, the 1st accused took out a stick and hit the complainant, who sustained injury on her right back. Hearing the cry of the complainant, her sons came there and at that time, the 2nd accused Arukkani took out a iron rod and attacked Dakshinamoorthy, the son of the complainant and caused him bleeding injuries on his occipital region. When she again tried to hit Dakshinamoorthy, the complainant intervened and sustained injuries on her right hand. The younger son of the complainant viz., Maheswaran was fisted on his back by Duraisamy. Then Duraisamy threatened that he would do away with the family of the complainant and set fire to the hayrack kept hear to the house of the complainant.

(3.) LET me now reproduce the Madras Police Standing Order 588-A.