JUDGMENT

The defacto-complainant herein has preferred this criminal appeal against the order of acquittal passed in S.C.No. 356 of 2015 dated

09.02.2018, by the VI Additional Sessions Court, Chennai.

2. The case of the prosecution in brief is as follows:

Smt. Sivagangai W/o Paramasivam is residing at No.25, ●

Oorurkuppam, Besant Nagar, Chennai – 600 090 which is situated along the seashore.

In the year 2012, due to cyclone-Neelam Storm, a Ship by name-

●

Kauvery got struck down in the sea and the defacto-complainant sent four persons from her Kuppam in her own Boat bearing No. TN 03 FR PC2405 in order to rescue the employees of Kavery ship and rescued four employees.

But, the then President of Oorurkuppam received Rs. 1,00,000/- cash ●

prize from the Government of Tamil Nadu, as if, he rescued the stranded four employees of Kavery Ship.

Smt. Sivagangai, defacto-complainant lodged a complaint to the ●

Special Cell of the Chief Minister, who in turn advised her to lodge a complaint to the Deputy Commissioner, Adyar, accordingly she did so.

On 11.01.2013, when a serious wordy altercation took place between ●

the two sons of defacto-complainant and her brother, her brother fell down and due to head injury, he died.

A.1 Gopi, A.2 Manikam, A.3 Venkatesh, A.4 Rajesh, A.5 Kannan, ●

A.6 Vinoth, A.7 Santhosh and A.8 Vadivelu came to the house of the defacto-complainant armed with deadly weapons and she shut the door.

A.1 Gopi instigated the other accused to set fire to the house of the ●

defacto-complainant and other accused gained entry into the house: all of them caused injuries to the defacto-complainant and her husband and used all obscene words by shouting that the defacto- complainant would not receive any prize amount for having rescued the four employees of Kauvery Ship.

A.1 Gopi broke open the bureau and took 21 sovereigns of gold ●

jewels, cash amount of Rs. 1,10,000/- silk sarees, silver articles, title deeds, R.C.Book of boat, insurance policy of two wheelers.

A.1 threatened 18 tenants of the defacto-complainant to evict the ●

rented houses. A.1 Gopi instigated A.2 Manickam, A.3 Venkatesh, A.4 Rajesh to set fire to the house hold articles of the defacto- complainant and they did so. A.1 Gopi instigated A.6 Vinoth, A.7 Santhosh and A.8 Vadivelu to set fire to the two wheelers with the intention to create alarm about A.1.

A.1 Gopi attempted to set fire on the body of the defacto-complainant ●

at the place of occurrence and all the accused fled away from the place of occurrence with stolen articles. Damaged articles are worth about Rs. 27 lakhs.

3. Upon the complaint given by P.W.1, a case was registered by the Sasthri Nagar Police Station in Crime No. 789 of 2013 under Sections 147, 148, 452, 435, 427, 323, 506(ii) of Indian Penal Code. Final report was placed before the learned IX Metropolitan Magistrate, Saidapet, Chennai who in turn took cognizance of this case and committed to the Principal Session Court, Chennai S.C.No.356 of 2015 was made over to VI Additional Sessions Judge Court, Chennai for disposal in accordance with law.

4. On appearance of all the accused, after hearing both sides, charges were framed against the accused under Sections 147, 148, 452, 506(ii) read with Section 149 of IPC and Section 4 of T.N.P.D.D.L Act. When they were explained about the charges, they denied the same. After commencement of the Trial, death of Accused No. 5 was reported on

08.12.2016 and the charges framed against him stood abated.

5. At trial, to substantiate the charges on the prosecution side, 10 witnesses were examined, 19 documents and one material object were marked. No witness was examined by defence side.

6. Upon consideration of the oral and documentary evidence, the Trial Court acquitted all the accused by the impugned judgement. Against which the defacto-complainant has preferred this appeal.

7. Heard the arguments of Mr.S.Thiruvengadam, learned counsel for the appellant, Mrs. G.V.Kasthuri, learned Additional Public Prosecutor for the first responden