Manikandan vs The State Rep By
2021 Latest Caselaw 16286 Mad

                                                                              Crl.R.C.No.728 of 2019


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.08.2021

                                                      CORAM:

                                   THE HON'BLE MR.JUSTICE P.VELMURUGAN

                                             Crl.R.C.No.728 of 2019
                                                       and
                                        Crl.M.P.Nos.10171 & 10172 of 2019


                      Manikandan
                      S/o, Seerangan                                             ... Petitioner

                                                     Versus

                      The State Rep by,
                      The Inspector of Police,
                      Mettur Police Station.                                     ...
                      Respondent


                      PRAYER:
                              Criminal Revision Petition filed under Sections 397 & 401 of the
                      Code of Criminal Procedure, to set aside the order dated 26.04.2019
                      made in C.A.No.67 of 2019 on the file of the Additional District (Fast
                      Track) Court, Mettur, Salem District by confirming the order of
                      conviction dated 21.02.2019 made in C.C.No.211 of 2016 on the file of
                      the Judicial Magistrate No.1, Mettur, Salem District.



                      Page No.1 of 6


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                                                                                 Crl.R.C.No.728 of 2019


                                       For Petitioner   : Mr.S.Lakshmanasamy

                                       For Respondent   : Mr. S.Sugendran
                                                          Government Advocate, (Criminal Side)

                                                        ORDER

This Criminal Revision Petition has been filed to set aside the order

dated 26.04.2019 made in C.A.No.67 of 2019 on the file of the

Additional District (Fast Track) Court, Mettur, Salem District, confirming

the order of conviction dated 21.02.2019 made in C.C.No.211 of 2016 on

the file of the Judicial Magistrate No.1, Mettur, Salem District.

2. The petitioner is the accused. The respondent police registered a

case in Crime No.283 of 2016 for the offence under sections 294(b), 326

and 506(ii) IPC. After investigating the matter, laid a charge sheet before

the Judicial Magistrate No.I, Mettur. The learned Magistrate taken the

charge sheet on file in C.C.No.211 of 2016 and after framing the charges,

completed the trial. The learned Magistrate found guilt of the petitioner

for the offence under section 326 IPC and convicted and sentenced to

undergo one year Simple Imprisonment and to pay a fine of Rs.5,000/- in

http://www.judis.nic.in Crl.R.C.No.728 of 2019

default to undergo three months Simple Imprisonment. Challenging the

said judgment of conviction and sentence, the petitioner herein filed the

Appeal before the Principal District and Sessions Judge, Salem and the

learned Principal District and Sessions Judge taken the appeal on file in

Criminal Appeal No.No.67 of 2019 and made over the case to the

Additional District Judge (Fast Track Court), Mettur. The learned

Additional Sessions Judge after hearing the arguments and perused the

records, dismissed the appeal and confirmed the judgment and conviction

and sentence passed by the Magistrate. Therefore, challenging the

judgment of the Appellate Court, the petitioner has filed the present

Revision Petition before this Court.

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

victim is none other than the wife of the petitioner. In order to prove the

nature of the injury, they have not produced the X-Ray report and it is

fatal to the case of the the prosecution. Once prosecution says that the

injury is grievous in nature and fracture, they have to produce X-Ray.

But they have not produced the same. Both the Courts below failed to

http://www.judis.nic.in Crl.R.C.No.728 of 2019

appreciate the evidence and simply convicted the petitioner on the ground

of sympathy which warrant interference of this Court.

4. The learned Government Advocate (Criminal Side) would

submit that the victim sustained grievous injuries all over the body and

the doctor who has examined as witness has clearly spoken about the

injuries sustained by the victim. Therefore from the evidence of the

victim the injured witness and the evidence of doctor P.W8 and Ex.P3

and Ex.P4 Wound Certificate and the medical records clearly shows that

the injury sustained by the victim is grievous in nature.

5. On a reading of the evidence of the victim and the evidence of

the doctor and also the medical records, this Court does not find any

perversity in the order passed by the judgment of both the Courts below.

It is a well settled proposition of law that the Revisional Court cannot sit

in the arm chair of the appellate court and re-appreciate the entire

evidence as the appellate court. On a reading of the entire materials, this

Court does not find any perversity and there is no merit in the revision.

http://www.judis.nic.in Crl.R.C.No.728 of 2019

Therefore the Revision is liable to be dismissed. Accordingly, the

Criminal Revision Petition is dismissed. Consequently connected

miscellaneous petitions are closed.

10.08.2021

Index: Yes/No Internet: Yes/No mfa

To

1. The Additional District (Fast Track) Court, Mettur, Salem District.

2. The Judicial Magistrate No.1, Mettur, Salem District.

3. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J.

http://www.judis.nic.in Crl.R.C.No.728 of 2019

mfa

Crl.R.C.No.728 of 2019 and Crl.M.P.Nos.10171 & 10172 of 2019

10.08.2021

http://www.judis.nic.in