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2025 Supreme(Mad) 2736

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
Maniservai – Appellant
Versus
Deputy Superintendent of Police, Manamadurai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. J.Jeyakumaran
For the Respondent:Mr.M.Sakthi Kumar, Government Advocate

JUDGMENT :

K.K.Ramakrishnan, J.

The appellant, who is the sole accused in S.C.No.352 of 2009, on the file of the learned Sessions Judge (PCR Cases), Sivagangai, filed this appeal challenging the conviction and sentence imposed against him, in S.C.No.352 of 2009, dated 05.12.2018, by the learned Sessions Judge (PCR Cases), Sivagangai, and acquit the appellant.

2. The Brief facts of the prosecution case reads as follows:

On 20.07.2006, at 10.00 a.m, when the defacto complainant was irrigating his agricultural land through a channel, the appellant prevented the flowing of water. When the same was questioned by the complainant, the appellant is said to have abused him in filthy language by using his caste name and attacked him with shovel and caused grievous injuries on his leg. Based on which, the defacto complainant gave a complaint before P.W.8. The same was registered in Crime No.314 of 2006, for the offences under Sections 323 , 324 and 307 of IPC and Sections 3(1)(x) and 3(1)(V) of the Scheduled Caste and Scheduled Tribes, Act, 1989 (hereinafter, for the sake of brevity, referred to as “SC/ST Act”). Thereafter, P.W.11 conducted the investigation. During the course of investigation, P

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