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1967 Supreme(Mad) 381

KRISHNASWAMY REDDY
Lakshmiammal – Appellant
Versus
Samiappa Goundar – Respondent


Advocates:
C.K. Veiikatanarasimham, for Appellant (in C.A. No. 39 of 1965); C. Chinnaswami, G.M. Ramachandran and R. Nadanasabapathi, for Respondents (in C.A. No. 39 of 1965); C. Chinnaswami, for Petitioner (in Crl. R.C. No. 345 of 1965); Assistant Public Prosecutor, for the State.

JUDGEMENT : The appeal and revision arise out of the judgement in C.A. No. 230 of 1964 by the Sessions Judge, Coimbatore Division. The appellant is the complainant The revision petitioners are the accused.

2. The complainant filed A private complaint against the accused before the Sub Divisional Magistrate, Erode, alleging that the accused formed themselves into an unlawful assembly armed with deadly weapons and caused extensive damage and mischief to the water-pipes laid by the complainant for taking water from a channel to his lands, punishable under Ss. 148 and 430, I.P.C. The Sub-Divisional Magistrate convicted the accused under both the charges and sentenced each of the accused to pay a fine of Rs. 100 under S. 148, I.P.C find a fine of Rs. 50 under S. 430, I.P.C. On appeal, the Sessions Judge confirmed the conviction and sentence under S. 430, I.P.C., but acquitted them under S. 148. I.P.C. Hence, the complainant preferred the appeal against the acquittal under Sec. 148, I.P.C. and the accused filed the revision petition against the order of the Sessions Judge confirming their conviction and sentence under S. 430, I.P.C.

3. So far as the revision petition is concerned, the lear



















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