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2021 Supreme(Mad) 3415

SATHI KUMAR SUKUMARA KURUP
Ganesan – Appellant
Versus
Deputy Superintendent of Police, Usilampatti, Madurai District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.Ramasamy
For the Respondent: Mr.T.Senthil Kumar

JUDGMENT :

This appeal is filed as against the judgment of conviction and sentence of imprisonment by the learned III Additional District and Sessions Judge (PCR), Madurai, in Special S.C.No.65 of 2015, dated 07.02.2017. The appellant is the sole accused.

2. The brief facts, which are relevant for the appeal, are as follows:

2.1. The accused and P.W-1 herein were auto rikshaw drivers. Both of them belong to neighbouring villages within the local limit of Chekkanurani Police Station. The dispute arose between the accused and the de-facto complainant regarding parking of their auto rikshaw in the Chellampatti auto rikshaw stand. As per the prosecution, on the date of occurrence, i.e., on 29.01.2015 at around 18.30 hours, when the de-facto complainant had stopped the auto rikshaw for the passengers to alight from his auto rikshaw near the Chellampatti Auto riskshaw stand, the accused and his relatives belonging to the caste, Piramalai Kallar, had objected to the parking of de-facto complainant's auto rikshaw in the auto rikshaw stand at Chellampatti and had abused the de-facto complainant, verbally in filthy language and assaulted him causing injury on his body, by uttering the words, “h

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