BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12/09/2024 CORAM THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl. A.(MD)No.484 of 2019 Koil Pichai : Appellant/De-facto Complainant Vs.

1.Subbaiah 2.Jayapaul

3.Chithirai : Respondents 1 to 3/

Accused 1 to 3

4.State Inspector of Police, Sathankulam Police Station, Thoothukudi District. : 4th Respondent/

Complainant Prayer: This Criminal Appeal is filed under Section

372(2) of the Criminal Procedure Code, to call for the records of the acquittal judgment made in SC No.171 of 2017 on the file of the I Additional District and Sessions Judge, Thoothukudi, dated 31/08/2018.

For Appellant : M/s.C.Arockia Selvi For R1 to R3 : Mr.M.S.Jeya Karthik For 4th respondent : Mr.M.Sakthi Kumar Government Advocate (Criminal side)

J U D G M E N T

This Criminal Appeal is filed against acquittal judgment passed in SC No.171 of 2017 by the I Additional District and Sessions Judge, Thoothukudi, dated 31/08/2018.

2.The case of the prosecution in brief:-

The de-facto complainant is residing at Palaniappapuram. He is owning properties situated in Survey No.404 measuring about 25 Acres on the southern of the main road. There is a well with electric connection and installed with bore-well. On the northern side of his property, the accused persons are having land with standing palmyra trees. There is issue between them. Some 10 days prior to the occurrence, the accused persons abused him in filthy language and threatened him as to how he could enjoy the property. On 31/10/2015 at about 10.00 pm, the de-facto complainant along with his son went to the property for watering the land. At that time, the accused persons were found damaging the bore-well and electric connection, etc. When he enquired and objected their conduct, he was abused, criminally intimidated and damaged the property worth about Rs.1,08,375/-. On the basis of the complaint given by the de-facto complainant, a case in Crime No.493 of 2015 was registered by the 4^th respondent police for the offences under sections 294(b), 506(ii)IPC r/w 3 of TNPPDL Act.

After completing the investigation final report was filed and it was taken cognizance in SC No.171 of 2017 by the I Additional District and Sessions Judge, Thoothukudi. After completing 207 Cr.P.C proceedings, framed the charges for the offences under section 3 of TNPPDL Act and sections

294(b) and 506(2) IPC.

3.The following charges were framed against the accused persons:-

(i)On 31/10/2015 at about 10.00 pm, the de-facto complainant along with his son went to the property for watering the land; At that time, the accused persons were found damaging the bore-well and electric connection, etc., thereby caused damaged to the tune of Rs. 1,08,375/-. So, all the accused are charged under section 3 of the TNPPDL Act.

(ii)In pursuance of the above said occurrence, when the de-facto complainant enquired and objected their conduct, he was abused by the accused persons. So all the accused are charged under section 294(b) IPC.

(iii)In the above said occurrence, all the accused persons criminally intimated the de-facto complainant. So all the accused are charged under section 506(2) IPC.

4.To that charges, all the accused pleaded not guilty and claimed to be tried.

5.On the side of the prosecution, 11 witnesses were examined and 10 documents were marked. Apart from that, 3 material objects were marked. On the side of the accused, no oral and documentary evidence was adduced.

6.PW1-de-facto complainant lodged a complaint on

03/11/2015 with the respondent police stating that he is owning properties situated in Survey No.404 measuring about 25 Acres on the southern of the main road. There is a well with electric connection and installed with bore-well. On the northern side of his property, the accused persons are having land with standing palmyra trees. There is issue between them. Some 10 days prior to the occurrence, the accused persons abused him in filthy language and threatened him as to how he could enjoy the property. O