THANGAVEL Vs. S CHELLAPANDIAN

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner / A1 against the Judgment, dated 16.04.2007, made in in C.A.No.72 of 2006, by the learned Sessions Judge, Karur, modifying the conviction and sentence imposed by the learned Chief Judicial Magistrate, Karur, vide Judgment, dated 11.09.2006, in C.C.No.20 of 2005.

(2.) The case of the respondent / complainant is that on 18.05.2005, at about 09.00 a.m., one Sethu / Constable had brought him to Vangal Police Station for enquiry with regard to the complaint lodged against him by the third accused, namely, Malarkodi. When the respondent / complainant had gone to the Police Station, the accused 3 to 5, namely, Malarkodi, Dhanalakshmi and Kavithamani were present there and the first accused, namely, Thangavel, who is a Training Sub-Inspector of Police, had abused the respondent / complainant in filthy language, ill-treated and attempted to kick him by his legs. At that time, the accused 4 and 5 had ushered him to kill the respondent / complainant and the second accused had also abused him in filthy language. Aggrieved over the same, the respondent / complainant filed a private complaint, under Section 200 Cr.P.C., before the learned Chief Judicial Magistrate, Karur, alleging that the accused 1 to 5 had committed the offence punishable under Sections 294(b), 340 and 506(i) I.P.C., and the learned Chief Judicial Magistrate, Karur, had taken cognizance of the private complaint in C.C.No.20 of 2005.

(3.) During the course of trial, on the side of the respondent / complainant, three witnesses were examined and no document was marked and on the side of the accused, two witnesses were examined and no document was marked.