R.Muruganantham vs Manoharan
2021 Latest Caselaw 16099 Mad

                                                                         Crl.R.C.No. 690 of 2019


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 09.08.2021

                                               CORAM :

                            THE HONOURABLE MR.JUSTICE P.VELMURUGAN

                                         Crl.R.C. No.690 of 2019

                R.Muruganantham,
                S/o. Ramadurai                                     ...   Petitioner

                                                     -Vs-

                1. Manoharan,
                   S/o. Rangasamy

                2. State rep. By
                   The Inspector of Police,
                   Kudavasal Police Station,
                   Thiruvarur Dt.
                   (Crime No.116 of 2016)                          ….    Respondents

                Prayer : Criminal Revision Case filed under Section 397 and 401 of
                Criminal Procedure Code, praying to set aside the fine of Rs.750/- for the
                offence under Section 324 I.P.C. imposed in the jugdment dated 27.02.2019
                made in C.A.No.36 of 2018 on the file of the learned District and Sessions
                Court, Thiruvarur, modifying the sentence imposed in the judgment dated
                09.05.2018 made in C.C.No.134 of 2016 on the file of the learned Judicial
                Magistrate Court, Thiruvarur and punish the 1st respondent/accused for the
                offence under Sections 294(b) and 326 I.P.C. by allowing this Criminal
                Revision Case.


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                                                                              Crl.R.C.No. 690 of 2019




                                    For Petitioner    :    Mr.N.Manoharan

                                    For Respondents   :    Mr.Govarthanan,
                                                           for M/s. B.Ramamoorthy for R1

                                                           Mr.S.Sugendran,
                                                           Govt. Advocate (Crl. Side) for R2

                                                      ORDER

(This case has been heard through video conference)

The 2nd respondent police registered a case against the 1st respondent

herein in Crime No.134 of 2016 for the offence under Sections 147, 148,

294(b), 324, 326 and 506(2) I.P.C. After investigation, the 2 nd respondent

police had laid a charge sheet before the learned Judicial Magistrate,

Thiruvarur only for the offence under Section 294(b) and 326 I.P.C.

2. After completing the formalities, the case was taken on file in

C.C.No.134 of 2016 on the file of learned Judicial Magistrate, Thiruvarur

and the learned Judicial Magistrate had framed charges for the offence

under Section 294(b) and 326 I.P.C., and after trial, found guilty of offence

against 1st respondent/accused for offence under Sec.324 I.P.C. and

convicted and sentenced to undergo one week simple imprisonment and to

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pay a fine of Rs.100/- in default, to undergo 7 days simple imprisonment.

Challenging the said judgment of conviction and sentence, the de facto

complainant filed an appeal before the learned Principal Sessions Judge,

Thiruvarur. The learned Principal Sessions Judge had taken the appeal on

file in Crl.A. No. 36 of 2018 and after hearing arguments, the appellate

court confirmed the guilt of 1st respondent/accused and conviction, but only

modified the period of sentence to the period, which he has undergone and

enhanced the fine from Rs.100/- to Rs.750/-, in default, to undergo two

weeks' simple imprisonment. Challenging the said judgment of appellate

court, the de facto complainant has filed the present Criminal Revision Case

to set aside both the judgments of Trial Court and the appellate court and

punish the 1st respondent/accused for the offence under Sec.294(b) and 326

I.P.C.

3. The learned counsel for petitioner would submit that though the

prosecution has proved this case beyond reasonable doubt, the injured

witness has clearly deposed about the incident and medical evidence also

corroborated the same. The Trial Court though not found the guilt of the 1st

respondent/accused for offence under Sec.326, however convicted him

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under Sec.324 of I.PC. and the sentence is not proportionate to the offence

committed. However, the trial court has erroneously altered the charge from

Sec.326 I.P.C. to Sec.324 I.P.C. The appellate court also failed to

re-appreciate the evidence and partly allowed the appeal and the period,

which the 1st respondent had undergone imprisonment was treated as

sentence of imprisonment and only increased the fine amount from Rs.100/-

to Rs.750/-, which is also not proportionate to the offence committed by the

1st respondent/accused. Therefore, aggrieved over the same, the de facto

complainant has filed the present revision. He would further submit that the

injured was examined as P.W.1. He has categorically deposed the offence

committed by the 1st respondent. The evidence of P.W.1 was fully

corroborated with the evidence of P.W.2 and 3. P.W.5, Doctor, who gave

treatment to the injured witness P.W.1 and he noted that the injury sustained

by P.W.1 was grievous in nature and copy of medical certificate and wound

certificate were marked as Ex.P2 and P3. The Investigating officer has not

conducted a fair investigation and though the commission of offence under

Sec. 147, 148, 294(b) and 324 and 506(ii) I.P.C. is made out, they altered

the charge for the offence under Sec.294 (b) and 326 I.P.C. The trial court

framed the charges and had confirmed the offence committed by the 1st

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respondent/accused. The injured witness has also spoken about the

grievous injury caused by the 1st respondent/accused. His evidence was

corroborated by P.W.2 and 5 and both the courts below failed to appreciate

the same. Therefore, the judgment of both courts are perverse and are liable

to be set aside.

4. The learned counsel for 1st respondent/accused would submit that

the trial court rightly appreciated the evidence and considering the facts and

circumstances of the case, the trial court imposed the sentence of simple

imprisonment and fine. However, the de facto complainant filed an appeal

before the Sessions Court and the learned Sessions Judge modified the

sentence of imprisonment and fine. The Revision Court cannot re-appreciate

the evidence and has no power to interfere with the judgment of courts

below, unless there is a perversity in appreciation of evidence and the

Revision Court has also no power to enhance the sentence. Therefore, this

Criminal Revision Case is liable to be dismissed.

5. The learned Government Advocate (Crl. Side) appearing for 2nd

respondent State would submit that the investigating officer after

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conducting investigation laid the charge sheet for the offence punishable

under Sec.294(b) and 324 I.P.C. and while the Trial Court had framed the

charges, neither the de facto complainant nor the 1st respondent/accused

raised any objection at the time of framing charges while taking the case on

file. The trial court has rightly appreciated the evidence and convicted the

1st respondent/accused and the appellate court also confirmed the

conviction, however, modified the sentence. The prosecution has done its

duty and the sentence of imprisonment and fine have been imposed. Hence,

there is no merit in this Criminal Revision Case and the same is liable to be

dismissed.

6. Heard and perused the records carefully.

7. The case of prosecution is that on 23.03.2021 at about 09.00 a.m.

when the de facto complainant was returning from agricultural field to his

home, due to previous enmity, the 1st respondent/accused said to have

scolded him in filthy language and attacked him with stone, thereby, he

sustained grievous injury. Hence, the petitioner had given a complaint and

the same was registered by the 2nd respondent police in Crime No. 116 of

2016 for the offence under Sections 147, 148, 294(b), 324, 326 and 506(ii)

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I.P.C. The trial court had framed the charges against the 1st

respondent/accused for the offence under Sections 294(b) and 326 I.P.C.

The injured witness was examined as P.W.1 and the Doctor, who conducted

the medical examination on the injured was examined as P.W.5. P.W. 2 to 4

have corroborated the evidence of P.W.1. Though the trial court found the

1st respondent/accused not guilty of the offence under Sec.294(b) and 326

I.P.C., however found him guilty of the offence under Section 324 I.P.C.

Challenging the same, the 1st respondent/accused has not filed any appeal

against his conviction and sentence. Only the de facto complainant/injured

has filed an appeal before the learned Sessions Court and the learned

Sessions Court has modified the sentence as stated above and increased the

fine amount alone, against which, the present Criminal Revision Case has

been filed by the de facto complainant before this court.

8. On a reading of evidence of P.W.1, it is seen that he has clearly

narrated the incident and P.W.2 corroborated the same and P.W.5, Doctor,

who gave a treatment to the victim has deposed that there is a contusion

near the left eye and there is an abrasion in the left hand and also there is an

abrasion in the left limb and Ex.P2 would prove that the injuries were

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caused only due to the attack with stone by the 1st respondent/accused.

Subsequently, the petitioner was referred to eye doctor and after examining

him, P.W.5 Doctor had given an opinion that the injury sustained by the

petitioner are grievous in nature and therefore, he gave a complaint before

the 2nd respondent police. The copy of accident register and wound

certificate were marked as Ex.P2 and P3. Therefore, from the evidence of

P.W.5, the prosecution proved that injured witness sustained grievous

injury. But, the trial court considering the facts and circumstances of the

case, though it is described that the injury is grievous in nature, and there is

a contusion near the left eye, had imposed sentence leniently. However, a

perusal of entire evidence, this court finds that the sentence of imprisonment

imposed by the trial court is not proportionate to the offencce committed by

the 1st respondent/accused. The Appellate Court after re-appreciating the

evidence as fact finding court confirmed the conviction and sentence

imposed by the trial court. However, modified the sentence of imprisonment

and fine. Therefore, considering the facts and circumstances of the case, this

court, as a revisional court, cannot re-appreciate entire evidence and cannot

give an independent finding on facts and as a Revisional Court, this Court

can find out as to whether any perversity is found in it. Further, this Court

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does not find any perversity as far as conviction and sentence are

concerned. However, the quantum of sentence of imprisonment is not

proportionate to the injury sustained by the petitioner. Therefore, this Court

confirms the conviction for the offence under Sec.324 I.P.C., however,

enhances the sentence to three months' simple imprisonment, and to pay a

fine of Rs.650/-, in default, to undergo one month simple imprisonment

after deducting the amount already paid. Therefore, the sentence alone is

modified into three months' simple imprisonment.

9. With the above modification, this Criminal Revision Case is partly

allowed.

09.08.2021

Index : Yes/No Internet : Yes/No rpp

To

1. The District and Sessions Court, Thiruvarur.

2. The Judicial Magistrate, Thiruvarur.

3. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J.

rpp

Crl.R.C.No. 690 of 2019

09.08.2021

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