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2010 Supreme(Mad) 5560

G.M.AKBAR ALI
Mani @ Balasubramaniam – Appellant
Versus
The Inspector of Police Palladam Police Station Coimbatore District – Respondent


Advocates Appeared:
For the Appellants:K. Kalyanasundaram, B. Kumarasamy for S. Gunalan, Advocates.
For the Respondent: Hassan Mohamed Jinnah, Addl. Public Prosecutor.

Judgment :-

The case of the prosecution is as follows: P.Ws.7 and 8 belong to Nathakoundapalayam at Palladam Taluk. They belong to Scheduled Caste and are living at Harijan Colony. The appellants also belong to the same village and they belong to Kongu Vellala, which is a backward class.

2. The first appellant was suspecting P.Ws.1, 7 and 8 for the theft of his TVS 50 Motorcycle. On 20.8.2005, around 11.00 a.m, P.Ws.1,7 and 8 were working in a coconut grove. The first appellant came to the place, assaulted P.W.1 and uttered "tz;o vd;dlh Mr;R rf;fpyp jha;nahHp;/". He dragged P.W.1 to his poultry farm. In the poultry farm, P.Ws.7 and 8 had already been confined by the appellants. The second appellant also joined with the first appellant and tortured P.Ws.1,7 and 8 and also assaulted them. They also abused their caste by uttering the humiliative word. P.W.1 gave a complaint dated 20.10.2005. The Sub Inspector of Police, Palladam Police Station received the complaint on 21.8.2005 and registered a case in Cr.No.934/2005 under Sec.342, 323, 506(ii) IPC r/w 3(1)(X) of S.C and S.T. Act.

3. The Deputy Superintendent of Police investigated and proceeded to the scene of occurrence and prepa































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