ANTHONI UDAYAR Vs. VELUSAMI THEVAR

JUDGEMENT

(1.) These two revision cases are closely connected. The petitioners are the same in both. They were convicted by the Sub-Divisional Magistrate of Ramnad for an offence under Section 500 of the Indian Penal Code in C.C. Nos. 253 and 257 of 1945 on his file and sentenced in each case to pay a fine of Rs. 20 each, in default to suffer simple imprisonment for two weeks.

(2.) The charges against them in the two cases are founded on certain statements made by them in the written statement filed by them in C.C. No. 5 of 1945 on the file of the Additional First Class Magistrate, Ramnad, in which case they were the accused. The material part of the written statement filed by them therein marked as Ex. A is as follows: Paragraph 14. P.W. 2's father and his senior paternal uncle were accused along with Chottachami Thevar, father-in-law of Mappilaisami Thevar, in a dacoity case, R.C. No. 5 of 1916 filed by accused 2. P.W. 3, Tirumal Kone's wife is being kept by Mappilaisami.Thevar for the past two years and she is given jewels worth Rs. 300 and two bulls and eight kalams of paddy through P.W. 2 every year. The said Chottachami Thevar was keeping his wife's cousin Papathi and she is given ten kurrukams of Kolangorvai.

(3.) In C.C. No. 5 of 1945, the petitioners were charged for the offence of rioting. It was a part of the case of the petitioners that the prosecution was at the instigation of Mappilaisami Thevar who is described in the written statement as a rich and influential man and the father-in-law of the Rajah of Ramnad. According to them, the prosecution witnesses were partisans and satellites of that man. Though it may not be very important, it may be mentioned that the Magistrate who tried the case found that the allegation of the accused that Mappilaisami Thevar and his agents were at the back of the complaint was substantiated to some extent. Whether this be so or not, the petitioners obviously believed that the case was foisted on. them at the instance of Mappilaisami Thevar and his agents.