SIGAMANI Vs. STATE

JUDGEMENT

(1.) CHALLENGING and impugning the order dated 24.8.2005 passed by the Chief Judicial Magistrate, Chengalpattu, in S.C.No.26 of 2003 modifying the order dated 4.12.2006 passed by the Principle Sessions Judge, Chengalpattu, in C.A.No.136 of 2005, this revision case is focussed.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this revision would run thus:-(a) The police laid the police report in terms of Section173(2) of Cr.P.C. as against 23 persons for the offence under Sections 147, 148, 452, 323, 324 and 326 324 r/w.149, 325, 325 r/w.149 and Section 3(1) of Tamil Nadu Properties (Prevention of Damage and Loss) Act 1992 (as amended in 1994). Since they pleaded not guilty, the Magistrate framed the necessary charges and conducted the trial. (b) During trial, on the prosecution side P.W.1 to P.W.9 were examined and Exs.P1 to P.11 were examined. On the accused side, no oral or documentary evidence was adduced.(c) Ultimately, the trial Court recorded the following convictions and imposed the following sentences.TABLEAs against which, appeal C.A.No.136 of 2005 was filed before the Principal Sessions Judge, Chengalpattu, in Crl.A.No.136 of 2005. The learned Sessions Judge acquitted several accused persons and found only accused 6, 7 and 8 guilty of the following offences and imposed sentences as under:- TABLE(d) Those accused 6,7 and 8 filed this revision on various grounds, the gist and kernal of them would run thus:-

(3.) DESPITE opportunities given, the petitioners have not chosen to appear.