Madras High Court
Arul Selvam vs State Represented By on 8 September, 2017
Author: C.T.Selvam
Bench: C.T.Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.09.2017 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1287 of 2011 1.Arul Selvam S/o.Nagappan 2.Nagappan S/o.Kuppusamy 3.Pakiri S/o.Thirisangu ... Petitioners vs State represented by The Inspector of Police, Keelaiyur Police Station. Crime No.59 of 2004 ... Respondent Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure against judgment of learned District and Sessions Judge, Nagapattinam, passed in C.A.No.55 of 2008 on 09.08.2011 modifying the judgment of learned Judicial Magistrate II, Nagapattinam, passed in C.C.No.1545 of 2004 on 28.07.2008. For Petitioners : Mr.R.Sankarasubbu for Mr.S.Rajanikanth For Respondent : Mr.V.Arul Additional Public Prosecutor ***** O R D E R
This revision arises against judgment of learned District and Sessions Judge, Nagapattinam, passed in C.A.No.55 of 2008 on 09.08.2011 modifying the judgment of learned Judicial Magistrate II, Nagapattinam, passed in C.C.No.1545 of 2004 on 28.07.2008.
2. Petitioners and five others faced trial in C.C.No.1545 of 2004 on the file of learned Judicial Magistrate II, Nagapattinam. Trial Court framed charges as follows: A1 - 147, 452, 323(2 counts) and 506(ii) IPC, A2 - 148, 452, 324 and 326 IPC, A3 and A5 - 147, 452 and 323 IPC, A4 and A6 - 147, 452 and 342 IPC and A7 and A8 - 147, 452 and 323 IPC. Prosecution case is that on 04.02.2004 at about 08.00 p.m., accused entered the house of PW-1, assaulted him using weapons and caused grievous injuries. A case was registered in Crime No.59 of 2004 on the file of respondent.
3. Before trial Court, prosecution examined 8 witnesses and marked 6 exhibits. None were examined on behalf of defence nor were any exhibits marked. On appreciation of materials before it, trial Court, under judgment dated 28.07.2008, convicted and sentenced the accused as follows:
Accused Offences u/s.
Sentence A1 147 IPC 2 months S.I. and fine of Rs.1,000/- i/d 1 month S.I. A2 148 IPC 3 months S.I. and fine of Rs.2,000/- i/d 2 months S.I. 326 IPC 1 year S.I. and fine of Rs.3,000/- i/d 3 months S.I. A4 147 IPC 2 months S.I. and fine of Rs.1,000/- i/d 1 month S.I. 342 IPC 3 months S.I. and fine of Rs.2,000/- i/d 2 months S.I. A5 147 IPC 2 months S.I. and fine of Rs.1,000/- i/d 1 month S.I. A6 147 IPC 2 months S.I. and fine of Rs.1,000/- i/d 1 month S.I. 342 IPC 3 months S.I. and fine of Rs.2,000/- i/d 2 months S.I. There against, accused preferred C.A.No.55 of 2008 on the file of learned District and Sessions Judge, Nagapattinam. Appellate Court, under judgment dated 09.08.2011, while acquitting A5 and confirming the finding of conviction against A1, A2, A4 and A6 and fine imposed, modified the sentence as follows:
Accused Offences u/s.
Sentence A1, A4, A6 147 IPC 15 days S.I. A4 and A6 342 IPC 15 days S.I. A2 148 IPC 1 month S.I. 326 IPC 3 months S.I. Against such finding, accused 2, 4 and 6 have preferred the present revision.
4. Heard learned counsel for petitioners and learned Additional Public Prosecutor.
5. Accused 2 , 4 and 6 have preferred the present revision. It is the submission of learned counsel for petitioners that accused 4 and 6 have undergone the sentence imposed on them by appellate Court. Urging the case of second accused, learned counsel submits that it is the evidence of PW-1 that second accused attempted to stab PW-1's neck and the same resulted in a deep stab injury to his right shoulder. Ex.P4, wound certificate, issued by PW-6, Doctor, reveals that PW-1 suffered a fracture of the left clavicle (collarbone). Learned counsel submits that second accused stands wrongly convicted for offence u/s.326 IPC. Learned counsel further submits that none of the weapons allegedly used by accused had been seized in the case.
6. Heard learned Additional Public Prosecutor on the above submissions.
7. This Court finds force in the submission of learned counsel for petitioners. PW-1 speaks to injury caused to his right shoulder and Ex.P4, Wound Certificate, informs a fracture to his left clavicle (collarbone). Further, prosecution has failed to mark X-ray to prove such injury. It follows that second accused can be held liable only for offence u/s.324 IPC. It is brought to notice that second accused/first petitioner has already undergone sentence of 1= months. Accordingly, this Court, while confirming the finding of conviction for offence u/s.148 IPC would alter the one u/s.326 IPC to one u/s.324 IPC and reduce the sentence to the period already undergone. Fine imposed by trial Court is confirmed.
The Criminal Revision Case is disposed of with the above modification.
08.09.2017 Index:yes/no Internet:yes/no gm To
1.The District and Sessions Judge, Nagapattinam.
2.The Judicial Magistrate II, Nagapattinam.
3.The Inspector of Police, Keelaiyur Police Station.
4.The Public Prosecutor, High Court, Madras.
C.T.SELVAM, J gm Crl.R.C.No.1287 of 2011 08.09.2017