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IN THE COURT OF THE JUDICIAL MAGISTRATE,

SULUR, COIMBATORE DISTRICT.
Present: Tmt.G.Rubana, B.Sc., M.L.,
Judicial Magistrate, Sulur.
Friday, the 23rd day of August 2024
Calendar Case No:26 of 2023
(CNR No.TNCB180019492023)
1. Serial Number of the Case Calendar Case No:26 of 2023

2. Name of the Complainant & The State of Tamil Nadu, Rep. by the Sub Inspector
Address of Police, Sultanpet Police station in Crime No:335 of
2020.

3. Name, age, father's name and A1:Mr.Mahalingam(Aged 41/2020), S/o.Easwaran,

address of the 1st Accused Sultanpettai, Sulur Taluk, Coimbatore District.

4. Name, age, father's name and A2:Mr.Jayakumar(Aged 42/2020), S/o.Selvaraj,

address of the 2nd Accused Sultanpettai, Sulur Taluk, Coimbatore District.

5. Offence Complained of Offence under Sections 294(b), 325 and 506(ii) of

IPC.

6. Date of Offence 01.08.2020.

7. Date of Complaint 15.08.2020.

8. Plea of the Accused and his Pleaded not guilty.

Examination in Brief

9. Apprehension A1 and A2 obtained anticipatory bail from the

Hon’ble Principal District Court, Coimbatore vide
order in Crl.M.P.No.2545/2020 dated 14.09.2020.

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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10. Released on bail A1 and A2 were Surrendered and released on

18.09.2020.

11. Commencement of trial 02.06.2023.

12. Close of trial 21.08.2024.

13. Judgment Reserved on 21.08.2024.

14. Judgment Pronounced on 23.08.2024.

15. Sentence or Order Acquitted.

16. Explanation of Delay Nil.

17. Remarks Nil.

As per order of Hon'ble High Court, Madras in ROC

No.814/2020/RG/F1(P.Dis.No.36/2021) dated 07.04.2021 the case summary is detailed below

Sl.No. CASE SUMMARY

i). The period of remand of the

accused Name of the accused Date of Release on
Remand

A1:Mr.Mahalingam(Aged A1 and A2 A1 and A2

41/2020), S/o.Easwaran,obtained were
Sultanpettai, Sulur Taluk, anticipatory Surrendered
Coimbatore District. bail from and released
the Hon’ble on
Principal 18.09.2020.
District
Court,
A2:Mr.Jayakumar(Aged Coimbatore
42/2020), S/o.Selvaraj, vide order

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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Sultanpettai, Sulur Taluk, in

Coimbatore District. Crl.M.P.No.
2545/2020
dated
14.09.2020.

ii). Date of filing of the Filing of Complaint Filing of Final report

complaint/ final report in the
court

- 18.04.2023

iii). Date of committal of the Nil Nil

cases to the Court of
Sessions

iv). Date of questioning of the Questioning under section 240(2) of Cr.P.C on

accused under section 228, 16.06.2023.
240, 246 and 251 of the Code
of Criminal Procedure, 1973,
as the case may be;

v). Filing of all miscellaneous Crl.M.P.No. & under Date of Result

petitions and their results section or prayer filing
including the results on
challenge before superior
Courts; except routine
petitions like petitions under
Section 317 of the Code;

M.P.No.02/2024 – 311 Filed on Allowed on

Cr.P.C petition filed by the 19.08.2024 19.08.2024
prosecution.

M.P.No.03/2024 – 294(3) Filed on Allowed on

Cr.P.C petition filed by the 19.08.2024 19.08.2024
prosecution.

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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vi). Date of Examination in chief Name of the Witness Date of Date of

and cross Chief Cross

PW1-Mrs.Kavitha. 26.06.2023 26.06.2023.

PW2-Mr.Shanmugasundaram 12.08.2024 Hostile.
PW3-Mr.Sakthivel. 12.08.2024 Hostile.
PW4-Mr.S.Saravanan, the 19.08.2024 19.08.2024
Special Sub Inspector of
Police.

vii). Date of examination of the

accused under section 313 of 21.08.2024
the Code;

viii). Details of abscondance of an Nil

accused and his appearance /
production, as the case may
be; and

ix). Grant of stay by superior Nil

courts and the results thereof
In this case cognizance was taken on 20.04.2023 and came up for final hearing on
21.08.2024 before this court, in the presence of Tmt.K.Jayanthi, M.B.A., B.L., Assistant
Public Prosecutor Grade II for the State and Thiru.M.S.Giridharan, B.B.A., B.L., (Hons),
Learned Counsel for the 1st and 2nd accused and having stood over for consideration till
this day, upon perusing the records and on hearing both side arguments, this court doth
delivers the following
JUDGMENT
(1). The gist of the final report filed by the Sub Inspector of Police,Sultanpet
Police Station in Crime No:335 of 2020 under Sections 294(b), 325 and 506(ii) of
IPC is as follows: -
On 01.08.2020 at 19.00 hours, due to the previous enmity between the defacto
complainant and the accused with respect of dumping garbage, the accused have abused

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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the complainant that “ஏண்டா தாயோழி, தேவடியா பயலே" and both the accused have
assaulted him with their hands and thereby caused grievous blood injuries on his head
and ear and criminally intimidated that they will not bear him and hence, the accused are
alleged to have committed offence under sections 294(b), 325 and 506(ii) of IPC. Hence,
the Sub Inspector of Police, Sultanpet Police Station had laid final report under Section
173(2)(1) of Cr.P.C.

(2). On appearance of the accused, they were furnished with the copies of the
documents which were relied by the prosecution in compliance of Section 207 of
Cr.P.C.,. As there was a prima facie case made out against both the accused, substance of
accusation under Sections 294(b), 325 and 506(ii) of IPC was read over and explained
and charges were framed against both the accused for the offence under Sections 294(b),
325 and 506(ii) of IPC and read over and explained. When both the accused were
questioned under Sec 240(2) of Cr.P.C on the charges framed against them, they pleaded
not guilty and claimed to be tried.

(3). Since both the accused denied the charges framed against them, to prove the
prosecution case, summons were issued to the witnesses. Out of the 7 witnesses
mentioned in the list of witness, the prosecution had examined the eye witnesses LW2
Mrs.Kavitha as PW1; Observation Mahazar witnesses LW4 Mr.Shanmugasundaram and
LW5 Mr.Sakthivel as PW2 and PW3 and on permission, the Special Sub Inspector of
Police Mr.S.Saravanan as PW4 and Ex.P:1 to Ex.P:6 were marked and LW1, LW3,
LW6 and LW7 were dispensed by the learned APP. No property had been produced on
the side of the prosecution.

(4). The gist of the prosecution case is as follows: -

(4.1). In Ex.P:1 complaint, the defacto complainant Mr.Jayaseelan had stated that
he had dispute with Jayakumar with respect of dumping garbage and on 01.08.2020, his
wife and the neighbouring ladies had quarreled and they have assaulted his wife and
caused blood injury and hence, he had taken his wife to the hospital and on 01.08.2020 at

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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07.00 p.m., when he was standing near the coconut sapling nursery at Sencheri junction
to get an auto, Mahalingam and Jeyakumar came in an Alto car bearing Registration
No.TN-37-CZ-7225 had abused him that “ ஏண்டா தாயோழி, தேவடியா பயலே" and
assaulted him with their hands and thereby caused blood injury on his ear and head and
criminally intimidated that they will dash against him with Alto car and tried to hit
against him and left the place of occurrence and hence, he went to the Government
hospital, Palladam in an auto and after taking first aid, then shifted to the Government
hospital, Tiruppur and took treatment for 4 days and then, lodged Ex.P:1 complaint to the
police.

(4.2). On receiving the complaint (Ex.P:1) from the Complainant, the Sub
Inspector of Police registered the FIR (Ex.P:2) in Crime no:335 of 2020 for offence
under Sections 294(b), 323 and 506(ii) of IPC and proceeded to the place of occurrence
and prepared observation mahazar (Ex.P:3) and drew Rough sketch (Ex.P:4) in the
presence of witnesses and examined the witnesses and recorded their statements and
altered the sections from 294(b), 323 and 506(ii) of IPC to 294(b), 325 and 506(ii) of IPC
and prepared alteration report (Ex.P:5) and examined the doctor who gave treatment to
the injured and obtained Wound Certificate (Ex.P:6) and since both the accused obtained
anticipatory bail, after completing the investigation had laid the Final Report for the
offence under Sections 294(b), 325 and 506(ii) of IPC as against both the accused.

(5). Upon the closure of the prosecution evidence, the accused were questioned
under section 313(1)(b) of the code of Criminal procedure with regard to the
incriminating circumstance that appeared against them, in the evidence of prosecution
witness, they denied the same as false evidence and stated that they do not have witness
on their side.

(6). The learned APP argued that the prosecution has proved its case with the oral
testimony of PW1 to PW4 and Ex.P:1 to Ex.P:6 and prays for conviction.

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(7). The learned defence counsel has argued that the accused were not present in
the place of occurrence and false case had been foisted against them and the witnesses
examined on the side prosecution had not corroborated the case of the prosecution and
further there is no reliable and credible evidence to prove the charges against the
accused. No independent witness was examined and hence the benefit of doubt may be
given to the accused and the accused may be acquitted.

(8). Now the point for determination is Whether the prosecution has proved
the charges against both the accused beyond reasonable doubt. If so, then What
would be the sentence to be imposed against them?.

(9). DISCUSSION:

(9.1). The prosecution case is that on 01.08.2020 at 19.00 hours, due to the
previous enmity between the defacto complainant and the accused with respect of putting
garbage, the accused have abused the complainant that “ ஏண்டா தாயோழி, தேவடியா
பயலே" and both the accused had assaulted the defacto complainant with their hands and
thereby caused grievous blood injuries on his head and ear and criminally intimidated
that they will not bear him and hence, the accused are liable to be punished.

(9.2). In this case, the prosecution had examined the eye witness Mrs.Kavitha as
PW1 and she had deposed that she knew the accused and in the year 2020, they had
dispute with the mother of the 2nd accused and their neighbors with respect of dumping
garbage and on 01.08.2020 between 05.30pm to 07.00pm, herself, mother of the 2 nd
accused namely Kalamani, grand mother Pappathi, aunt Eswari and neighbour Pappa had
quarrelled with her and all of them have assaulted her and hence, she informed the same
to her husband and since they have not given proper reply, her husband went to Sencheri
junction to lodge police complaint, at that time, both the accused came in a car and one
of the accused got her husband near nursery and both of them have abused him and
assaulted him and hence, he had sustained blood injury on his ear and head and further
they criminally intimidated that they will kill him by using their car and that intimation

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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was informed by her husband over mobile phone of the auto driver and hence, she rushed
to the spot and taken her husband to the Government hospital, Palladam in an auto and
after taking treatment, on the next day, shifted him to the Government hospital, Tiruppur
and one week later, on 15th day of 8th month, lodged Ex.P:1 complaint to the police and
her husband took treatment for 4 days.

(9.3). Further, the Observation Mahazar witness Mr.Shanmugasundaram (PW2)

had deposed that the accused are his neighbors and he does not know the complainant
and does not know anything about the incident and denied the 1 st signature in the
Observation Mahazar and hence, he was declared as hostile witness and cross examined
by the prosecution.

(9.4). Another Observation Mahazar witness Mr.Sakthivel (PW3) had deposed that
the accused are his neighbors and he does not know the complainant and one year back,
between 07.00p.m to 08.00 p.m, heard a noise in the nearby street and due to darkness,
he does not know what had happened and denied the 2 nd signature in the Observation
Mahazar and hence, he was treated as hostile witness and cross examined by the
prosecution.
(9.5). In this case the prosecution had not examined the complainant / injured
witness and even though PW1 was cited as eye witness in the list of witness, in her chief
examination itself deposed that she had received information from her husband over
phone and further observation witnesses were turned hostile. Further, the case of the
complainant is that the alleged occurrence took place on 01.08.2020, however the
complaint had been lodged on 15.08.2020 and the reason for delay in lodging the
complaint had not been explained by the prosecution. The witnesses who were examined
on the side of the prosecution have not incriminated against the accused for offences
under sections 294(b), 325 and 506(ii) of IPC.
(9.6). In the absence of any evidence against the accused, from the available
materials on records, there is no oral or documentary evidence to prove the prosecution

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.

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allegation. Therefore, the accused could not be held liable for the offences punishable
under sections 294(b), 325 and 506(ii) of IPC on the basis of evidence of PW4
Mr.S.Saravanan, the Special Sub Inspector of Police.
(10). The prosecution has not established the charges against both the accused for
offence under sections 294(b), 325 and 506(ii) of IPC beyond reasonable doubt. Hence,
both the accused are entitled to the benefit of doubt.
(11). In the result, the 1st and the 2nd accused are found not guilty for the offence
under sections 294(b), 325 and 506(ii) of IPC and the 1st and the 2nd accused are acquitted
under section 248(1) of Cr.P.C. The bail bonds of the 1st and the 2nd accused stood
canceled.

(12). Property Order:- No property had been produced.

This judgment is dictated by me to the Steno typist and typed by her directly in the
computer and after effecting necessary corrections pronounced by me in the open Court
on this the 23rd day of August 2024. (Sd/-).G.Rubana

Judicial Magistrate,
Sulur.
List of prosecution side witnesses:
1. PW-1:Mrs.Kavitha.
2. PW-2:Mr.Shanmugasundaram.
3. PW-3:Mr.Sakthivel.
4. PW-4:Mr.S.Saravanan, the Special Sub Inspector of Police.
List of prosecution side exhibits:
Sl.No. Description of the exhibit and its Date, when How By Remarks
of the date the exhibit marked whom
exhibit was filed in filed
the case

01. Complaint dated 15.08.2020. 19.08.2024 Ex.P:1 PW4 Original

02. First Information report dated 19.08.2024 Ex.P:2 PW4 Original

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15.08.2020.

03. Observation Mahazar dated 19.08.2024 Ex.P:3 PW4 Original

15.08.2020.

04. Rough Sketch dated 15.08.2020. 19.08.2024 Ex.P:4 PW4 Original

05. Alteration report dated 19.08.2024 Ex.P:5 PW4 Original

13.02.2021.

06. Wound Certificate dated 19.08.2024 Ex.P:6 PW4 Original

13.02.2021.

Material objects: Nil

List of witness on the side of the accused: Nil
List of exhibits on the side of the accused: Nil
Note: -
1.No witness has been retained for more than three times.
2. Accused remained on bail at the time of trial.
3. Result of this case is informed to the concerned police station.
(Sd/-).G.Rubana
Judicial Magistrate,
Sulur.

CC 26 of 2023 dated 23.08.2024 – JM Court, Sulur.