Madras High Court
Chandran @ Chandrasekar vs The State Represented By on 19 August, 2025
Crl.A(MD)No.380 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19.08.2025
CORAM:
THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN
Crl.A.(MD).No.380 of 2022
1.Chandran @ Chandrasekar
2.Murugan
3.Muthuramalingam
4.Mariselvam
5.Kaliraj
6.Chinna Chakkarai ... Appellants/Accused No.3 to 8
Vs.
The State represented by
The Deputy Superintendent of Police,
Sattur Sub Division,
Vembakottai Police Station,
Virudhunagar District.
Crime No.49 of 2008. ... Respondent/Complainant
Prayer: Criminal Appeal has been preferred under Section 374 Cr.P.C., to
call for the records in Spl.S.C.No.51 of 2009 on the file of the learned
Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases,
Virudhunagar District at Srivilliputhur and set aside the conviction and
sentence passed against the appellants on 25.05.2022.
For Appellant : Mr.Lakshmi Gopinathan for
M/s.Polax Legal Solution
For Respondent : Ms.M.Aasha
Government Advocate (Crl. Side)
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Crl.A(MD)No.380 of 2022
JUDGMENT
The accused in Spl.S.C.No.51 of 2009, on the file of the learned Sessions Judge, Special Court for Trial of SC/ST (POA) Act Cases, Virudhunagar District at Srivilliputhur filed this appeal before this Court challenging the conviction and sentence passed against them.
2.The case of the prosecution:-
There was previous enmity regarding the issue of cremation and buriyal in the same graveyard. The defacto complainant belongs to SC community. The accused persons belong to different community. A1 dumped cow and buffalo dung in a site behind the house of PW8 which belonged to PW1. It emitted pungent smell during rain and polluted the place belonging to the defacto complainant. Hence, the defacto complainant asked PW1 to clear away the garbage. Infuriated by this the accused persons gathered together and abused the defacto complainant and his people using their caste name. They also criminally intimidated them and assaulted them. In the said incident one person died. Thereafter, the defacto complainant lodged a complaint before the respondent police. Based on which, a case was registered under Sections 147, 148, 149, 324, 325, 326, 427, 440, 307 IPC and Section 3(1) 2/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/12/2025 07:36:15 pm ) Crl.A(MD)No.380 of 2022
(ii),3(1)(x),3(2)(v) of SC/ST (Prevention of Atrocities) Act 1989 in Crime No.49 of 2008 and after the investigation and final report was filed by the investigating agency before the learned Judicial Magistrate No.II, Sattur. The same was taken cognizance in P.R.C.No.13 of 2008. Thereafter, the copies of the papers were served under Section 207 Cr.P.C. and thereafter it was committed to the Sessions Court. The learned Sessions Judge had taken the same on file in Spl.S.C.No.51 of 2009 and issued summons and framed charges and explained the charges to the accused. The accused namely, the appellants herein denied the charges and claimed to be tried.
3.In pursuance of the above plea, the trial before the trial Court commenced. The prosecution to prove the case examined PW1 to PW18 and marked Ex.P1 to Ex.P31. M.O.1 to M.O.15 were also marked.
4.After examination of all the witnesses was over, the accused was subjected to Section 313 Cr.P.C proceedings. He denied the facts narrated by the prosecution witnesses. Even though the appellants were granted time to examine defence witnesses, none was examined on their side, but Ex.D1 to Ex.D3 were marked.
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5.At the end of the trial, A-3 was found guilty u/s. 148,323,324 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and 427 IPC, A-4 is found guilty u/s. 147 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and 427 IPC, A-5 was found guilty u/s. 147,325 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and 427 IPC, A-6 and A-7 were found guilty u/s.147,323 IPC r/w Sec 3(2) (va) of SC/ST (POA) Act and u/s. 427 IPC and A-8 was found guilty u/s. 148,325,323 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and 427 IPC. A-3 was found not guilty u/s. 307, 325 r/w 149, 326 r/w149, 440 IPC and Sec. 3(1)(ii),3(1)(x),3(2)
(v)of SC/ST(POA)Act 1989, A-4 was found not guilty u/s.323,307 r/w 149,325 r/w 149, 326 r/w149,440 IPC and Sec 3(1)(ii),3(1)(x),3(2)(v) of SC/ST(POA)Act 1989,A-5 was found not guilty u/s. 307 r/w 149, 326 r/w149, 440 IPC and Sec 3(1)(ii),3(1)(x),3(2)(v) of SC/ST(POA)Act 1989,A6 and A7 were found not guilty u/s. 307 r/w 149, 325 r/w149,326 r/w 149,440 IPC and Sec 3(1)(ii),3(1) 38 (x),3(2)(v) of SC/ST(POA) Act 1989 and A-8 was found not guilty u/s. 324, 307 r/w 149, 325 r/w 149, 440 IPC and Sec 3(1)(ii),3(1)(x),3(2)(v) of SC/ST(POA)Act 1989 and they were acquitted U/s. 235(1)Cr.P.C.
5.1.A-3 was convicted u/s. 148 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to undergo R.I for 3 months and to pay a fine of Rs. 100/- in default to undergo simple imprisonment for 2 weeks, u/s. 323 IPC 4/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/12/2025 07:36:15 pm ) Crl.A(MD)No.380 of 2022 r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to undergo R.I for 2 months and pay a fine of Rs.100/- in default to undergo simple imprisonment for 2 weeks, u/s. 324 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to undergo R.I for 6 months and pay a fine of Rs.200/- in default to undergo simple imprisonment for 1 month and u/s. 427 IPC and sentenced to pay a fine of Rs.100/- in default to undergo simple imprisonment for 2 weeks (Total Fine Rs. 500/-). A-4 was convicted u/s. 147 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 3 months, and u/s. 427 IPC and sentenced to pay a fine of Rs.500/- in default to undergo simple imprisonment for 1month, (Total Fine Rs. 1500/-). A-5 was convicted u/s. 147 IPC r/w Sec 3(2) (va) of SC/ST (POA) Act and sentenced to undergo R.I for 2 months and to pay a fine of Rs.150/- in default to undergo simple imprisonment for 3 weeks, u/s. 325 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to undergo R.I for 1 year and pay a fine of Rs.150/- in default to undergo simple imprisonment for 3 weeks and u/s. 427 IPC and sentenced to pay a fine of Rs. 200/- in default to undergo simple imprisonment for 2 weeks, (Total Fine Rs. 500/-) iv) A-6 and A-7 were convicted u/s. 147 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 3 months, u/s. 323 IPC r/w Sec 3(2)(va) of 5/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/12/2025 07:36:15 pm ) Crl.A(MD)No.380 of 2022 SC/ST (POA) Act and sentenced to pay a fine of Rs.1000/- in default to undergo simple imprisonment for 2 months and u/s. 427 IPC and sentenced to pay a fine of Rs.500/- in default to undergo simple imprisonment for 1 month, (Total Fine Rs. 2500/- x 2 = 5,000/-) A-8 was convicted u/s. 148 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to undergo R.I for 3 months and to pay a fine of Rs.100/- in default to undergo simple imprisonment for 2 weeks, u/s. 325 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to undergo R.I for 2 years and pay a fine of Rs.200/- in default to undergo simple imprisonment for 4 weeks, u/s. 323 IPC r/w Sec 3(2)(va) of SC/ST (POA) Act and sentenced to pay a fine of Rs.100/- in default to undergo simple imprisonment for 2 weeks and u/s. 427 IPC and sentenced to pay a fine of Rs.100/- in default to undergo simple imprisonment for 2 weeks (Total Fine Rs. 500/-) u/s. 235(2) CrPC.
6.Against the judgment of conviction and sentence the accused are before this Court by way of this appeal.
7.The learned counsel for the appellants would submit that the admitted case of the prosecution is that there was a counter case. There was no simultaneous trial conducted in the special Court. Apart from that there is 6/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/12/2025 07:36:15 pm ) Crl.A(MD)No.380 of 2022 a specific finding in the counter case that both parties exchanged blows. In the said circumstances there is no clear finding in this present case about who is the real aggressor. Therefore, the benefit of doubt should be given to the accused. So far as offence under Special Act is concerned, there is no evidence available to prove the offence under the Special Act. Apart from this, PW1 turned hostile. In the said circumstances, the learned trial Judge has committed error in convicting the appellants and prays to acquit the accused.
8.The learned Government Advocate (Crl. Side) on instructions and on going through the records would submit that it is true that there was a procedure irregularity in not conducting the simultaneous trial in the Special Court in the counter case. But, there is no ground to disbelieve the evidence of injured witness. PW1 was treated as hostile. Remaining evidence supports the prosecution case and it is in consonance with the charges framed against the appellants. Further the learned trial Judge considered the entire circumstances and convicted the appellants for the above said offences and therefore, the conviction and sentence imposed against the appellants is liable to be confirmed. Hence, she seeks to dismiss the appeal.
9.This Court considered the rival submissions and perused the records.
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10.Number of precedents have been relied upon by the learned counsel for the appellants. As per the law laid down, the case and counter case have to be tried by the same Judge in a simultaneous trial. In this case, the same was not followed. Apart from that there is a specific finding in the counter case namely in C.C.No.10 of 2010 on the file of the learned Judicial Magistrate No.II, Sattur, that @muR jug;gpy; tprhhpf;fg;gl;Ls;ss rhl;rpfspd; rhl;rpa';fspypUe;J ,Ujug;gpdUf;Fk; xnu neuj;jpy; jfuhW Vw;gl;L xUtUf;bfhUth; jhf;fpf; bfhz;Ls;sdh; vd;gJ bjhpatUfpwJ/@
11. In spite of the specific finding, the same was not deposed by the prosecution witness in this case. Hence, this Court is of the view that the investigating agency has not brought to the notice of the trial Court about the counter case. In view of that the appellants are deprived of a fair trial.
12. Further victim was treated as hostile witness and did not deposed any utterance of abusive words amounting to caste-based insult or humiliation. Therefore this court finds no ingredients to attract the special offence as rightly argued by the counsel as per the law law laid down by the Honourable Supreme Court in the case of Shajanskaria Vs. State of Kerala reported in 2024 SCC Online (SC) 2249.
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13. In view of the above this Court is of the view that the prosecution has failed to prove the case beyond reasonable doubt. By giving the benefit of the doubt to the appellants, this criminal appeal stands allowed. Accordingly, the conviction and sentence imposed by the learned Sessions Judge, Special Court for trial of cases registered under SC/ST (POA) Act, Srivilliputtur, in Spl.S.C.No.51 of 2009 dated 25.05.2022 is hereby set aside. The accused are acquitted from the charges levelled against them. Bail bond if any, executed by the accused shall stand discharged. Fine amount if paid by the accused persons, shall be refunded.
19.08.2025 NCC: Yes/No Index:Yes/No Internet:Yes/No TM 9/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/12/2025 07:36:15 pm ) Crl.A(MD)No.380 of 2022 To
1.The Sessions Judge, Fast Track Mahila Court, Virudhunagar District at Srivilliputhur.
2.The Deputy Superintendent of Police, Sattur Sub Division, Vembakottai Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Section Officer, Criminal Record, Madurai Bench of Madras High Court, Madurai.
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