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1996 Supreme(Mad) 194

M.KARPAGAVINAYAGAM
K. Jayaramanuju – Appellant
Versus
Janakaraj and Others – Respondent


R. Thirugnanam, N. Maninarayanan, P. Govindarajan, Advocates.

Judgment :

This revision has been preferred by the first informant in the police case against the order of acquittal passed by learned Judicial magistrate. Gingee dated 7-1-93 in C.C. No. 63 of 1991, in respect of the offence under Section 294. I.P.C.

2. According to the prosecution, on 11-6-1990 at 7.00 p.m. while PW-1 Jaya Ramanujam was sitting in the pial of PW-2 Purusothaman along with PW-2, PW-3, Sundaresan and one Madavarajan, the 1st respondent/accused came in a cycle and scolded PW-1 by saying

(Vernacular matter is omitted ....... Ed.)

The motive attributed to the accused for having uttered these words was that PW-1 Jayaramanujam has supported one Madhavarajan, who was enemically disposed of towards the accused. Immediately. PW-1 gave the complaint Ex. P1 to the police, who in turn registered the case, conducted the investigation and filed the charge sheet against the 1st respondent accused under Section 294, I.P.C.

3. The trial Court after elaborate trial, acquitted the accused on three grounds :-

(i) Though the occurrence took place on 11-6-1990, the First Information Report has reached the concerned Magistrate on 14-6-1990. That delay of three days has not been properly e






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