VELAN @ VELANDI @ PONNAN Vs. SOUNDARARAJAN

JUDGEMENT

(1.) The respondents 1 to 4 herein were tried in Special S.C.No.10 of 2009 on the file of the Principal District and Sessions Court, Theni for the offences under Sections 323, 354, 355 and 306 of IPC and also under Sections 3(1)(X), 3(2)(V) and 3(1)(XI) of the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, vide Judgment dated 20.10.2010 acquitted. Aggrieved by the same, the defacto complainant/P.W.1 has filed Crl.R.C.(MD)No.456 of 2011. Since the impugned Judgment was passed after the amendment to Section 372 of Cr.P.C., came into force, this Court converted the revision case into one of appeal.

(2.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondents 1 to 4 and also the learned Government Advocate (Crl.side) appearing for the fifth respondent/State.

(3.) The case of the prosecution is that the deceased Mariammal was the wife of the appellant Velan. They belong to a notified scheduled caste. The respondents 1 to 4 herein belong to Hindu Vadugar Community. On 13.03.2004, at about 3.30 p.m., when Mariammal was at her house, the accused attempted to draw the election symbol of a political party on her wall. The deceased Mariammal is said to have objected to the same. The first respondent herein/Soundararajan had abused Mariammal. The third respondent Pottisamy hit her with a reaper. The second and fourth respondent herein also are said to have hit her repeatedly. This was witnessed by Chinnapitchai, Murugesan, Nagarajan and Subburaj. At about 09.00 p.m., the accused had once again attacked Mariammal and abused her by referring to her community. In order to escape from them, Mariammal is said to have refuge in the house of Raju Naicker. She was once again subjected to insult and her saree was also pulled. Overcome by a sense of shame, Mariammal consumed Oleander seeds on 14.03.2004 at 09.00 a.m. She was rushed to the Aundipatti Government Hospital. However, she succumbed on 15.03.2004. In this regard, the appellant Velan lodged complaint before the Kandamanur Police Station vide Ex-P1. Based on the same, Crime No.44 of 2004 (Ex-P6) was registered. Initially, investigation was done by P.W.16-Panner Selvam, the Inspector of Police. Since the offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, were also disclosed, further investigation was taken over by the Deputy Superintendent of Police (P.W.17). Final report was filed before the Judicial Magistrate, Aundipatti against the four accused. The case was committed to the Sessions Court in P.R.C.No.7 of 2008. It was taken up for trial in Special S.C.No.10 of 2009 by the Principal District and Sessions Judge, Theni. Charges were framed against the four accused as follows:-