Madras High Court
Amalraj vs The Inspector Of Police on 26 July, 2022
Crl.A.No.142 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.07.2022
CORAM:
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN
Criminal Appeal No.142 of 2021
Amalraj .. Appellant
/versus/
The Inspector of Police,
Kolokombai Police Station,
The Nilgiris
(Crime No.20 of 2000) .. Respondent
Criminal Appeal has been filed under Section 374(2) of
Criminal Procedure Code praying to set aside the judgment dated
30.04.2003 made in S.C.No.2 of 2002 on the file of the Assistant
Sessions Judge, Udagamandalam.
For Appellant : Mr.R.Chandrasekaran
For Respondent : Mr.R.Kishore Kumar
Government Advocate (Crl.Side)
JUDGMENT
This appeal is preferred by the 1st accused, who was tried along
with 9 others by the Assistant Sessions Court, Udagamandalam in
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S.C.No.2 of 2002 for offences under Sections 120 B, 147, 341, 279, 352
(2 counts), 364, 307, 386, 395 and 506(ii) of IPC.
2. Based on their overt act alleged by the prosecution in the
final report, 11 charges were framed against the accused. The charges as
framed, indicates that on 17.02.2000, the accused conspired and formed
an unlawful assembly at about 1.00 p.m., with an intention to abduct and
kill PW.3-Mehtha, the Estate Manager, Non-Such Estate and in pursuant
to the said conspiracy, at about 4.30 p.m., A1 to A4 along with one
Tamilselvan (deceased) came in a jeep bearing Registration No.T.A.R
3464 overtook the jeep bearing registration No.TN 43 7443, in which,
PW.3 was travelling and intercepted. A1 to A4 dragged PW.1 and PW.2
from the jeep and shifted PW.3 to their jeep bearing Reg.No.T.A.R 3464.
PW.3 hands and eyes were tied and he was beaten up with rod and took
to unknown place confined him till he was released on the next day early
morning at about 2.30 a.m., after receiving gold chain, cell phone and
cash of Rs.1,600/- and forcibly obtaining signature from P.W.3 –
Mehtha. A1 to A4 and the deceased Tamilselvan in furtherance of
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common object, the other accused A5 to A10 aided and assisted. Hence
they were charged for the offences under Sections 147, 341, 279, 352,
364, 307, 386 and 506(ii) r/w.34 of IPC.
3. According to the prosecution, PW.2 Subramani, as driver of
the jeep and PW.1 Soundarajan-Junior Assistant were also present in the
jeep at the time of occurrence, when mob attacked, PW.2-the driver also
sustained injury and treated by PW.10.
4. The trial Court found the accused guilty of charges and
convicted them as below:
Rank of Charges Findings of Punishment
the the trial
accused Court
A1 U/s.120B, Found guilty Convicted and sentenced to
147, 324 & undergo one year Rigorous
506(ii) of Imprisonment for each
IPC offences
U/s.364 & Found guilty Convicted and sentenced to
395 of IPC undergo three years Rigorous
Imprisonment and to pay a
fine of Rs.1,000/-; in default
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Crl.A.No.142 of 2021
Rank of Charges Findings of Punishment
the the trial
accused Court
to undergo three months
Simple Imprisonment. Total
fine amount Rs.2,000/-
A2 & U/s.120B, Found guilty Convicted and sentenced to
A3 147, 324 undergo one year Rigorous
r/w.34 & Imprisonment for each
506(ii) of offences
IPC
U/s.352 IPC Found guilty Convicted and sentenced to
undergo three months Simple
Imprisonment
U/s.364 & Found guilty Convicted and sentenced to
395 of IPC undergo three years Rigorous
Imprisonment and to pay a
fine of Rs.1,000/-; in default
to undergo three months
Simple Imprisonment. Total
fine amount Rs.2,000/-
A4 U/s.120B, Found guilty Convicted and sentenced to
147, 324 & undergo one year Rigorous
506(ii)r/w.34 Imprisonment for each
of IPC offences
U/s.341 & Found guilty Convicted and sentenced to
279 IPC undergo one month Simple
Imprisonment
U/s.364 & Found guilty Convicted and sentenced to
395 of IPC undergo three years Rigorous
Imprisonment and to pay a
fine of Rs.1,000/-; in default
to undergo three months
Simple Imprisonment. Total
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Crl.A.No.142 of 2021
Rank of Charges Findings of Punishment
the the trial
accused Court
fine amount Rs.2,000/-
A5 to U/s.120B, Found guilty Convicted and sentenced to
A7, 147, 324 undergo one year Rigorous
A9& r/w.34 & Imprisonment for each
A10 506(ii) r/w.34 offences
of IPC
U/s.364 & Found guilty Convicted and sentenced to
395 of IPC undergo three years Rigorous
Imprisonment and to pay a
fine of Rs.1,000/-; in default
to undergo three months
Simple Imprisonment. Total
fine amount Rs.2,000/-
Aggrieved by the said conviction and sentence, each one of the
accused filed individual appeal. The injured PW.3 filed Revision for
enhancement of compensation.
5. From the record, this Court finds that on 30.03.2015 except
this appellant, who is A1 in the case, the criminal appeal C.A.No.123 of
2004 preferred by the other accused persons along with the Criminal
Revision Crl.R.C.No.1063 of 2003 filed by the injured-PW.3, was taken
up for consideration and disposed on 30.03.2015 by a common judgment.
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6. The appeal preferred by the accused 5, 6, 7, 9 and 10 who
were the appellants 4 to 8 in Crl.A.No.123 of 2004, this Court held them
not guilty and set aside the conviction.
7. From the records, it is found that the SLP preferred against
the common judgment passed by this Court in Crl.A.No.123 of 2004 and
Crl.R.C.No.1063 of 2003 was also dismissed by the Hon'ble Supreme
Court.
8. Since the appeal preferred by the 1st accused before the
District and Sessions Court, Udagamandalam in Crl.A.No.65 of 2003
was not transferred along with the other appeal when heard along with
Criminal Revision Case filed before the High Court for enhancement of
compensation, this Court vide order dated 22.06.2011 recording the fact
that the judgment of conviction and sentence passed by the trial Court in
S.C.No.2 of 2002 dated 30.04.2003 was challenged by the accused
persons before the District Court, Udagamandalam and the Revision for
enhancement was filed before the High Court by the injured in
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Crl.A.No.142 of 2021
Crl.R.C.No.1063 of 2003 and therefore, the appeals pending before the
District Court was called for to be heard along with the revision.
However by inadvertence while the appeal preferred by the accused 2 to
10 (except A8 who died) was transferred and disposed of vide common
judgment dated 30.03.2015 along with Crl.R.C.No.1063 of 2003, the
appeal in Crl.A.No.65 of 2003, which was pending on the file of the
District and Sessions Court, Udagamandalam, was not transferred and
hence ordered the Registry to call for transfer of the records to be heard
by the High Court. Pursuant to the said direction, the appeal filed by the
1st accused was transferred to this Court and re numbered as
Crl.A.No.142 of 2021 and taken up for consideration.
9. The learned counsel for the appellant submitted that there
was a labour dispute in the Non-Such Estate, Coonoor Taluk. Few
labourers were terminated without following due process and there was
labourers unrest in the estate during the month of December 1999.
Pursuant to that, conciliation talk was organised and the appellant was
one of the office bearer of the Union participated in the conciliation talk.
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However a false complaint has been given as if to prevent conciliation
schedule to be held on 17.02.2000, this appellant along with other
accused conspired and formed an unlawful assembly, abducted PW.3 and
obtained signature forcibly in the document as if the suspended labourers
were reinstated in service.
10. Further the learned counsel would submit that the incident
took place nearly 22 years ago and the appellant herein was in prison for
more than one year and therefore leniency may be shown on the sentence
ordered.
11. The learned Government Advocate (Crl.Side) for the State
would submit that this appellant, who is the prime accused in this case,
has lead a team of 11 persons who overtook the jeep of PW.3, attacked
PW.2 - the driver of the jeep and abducted PW.3 Mehtha - the Estate
Manager. The doctor, who treated PW.3, has deposed before the Court
that PW.3 sustained 10 injuries on the attack (Ex.P5). PW.2 - the driver
was also attacked and he was treated by the doctor PW.10. The injuries
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Crl.A.No.142 of 2021
sustained by PW.2 is also recorded in the wound certificate and marked
as Ex.P4. For the offences of abduction, causing hurt, robbery and
unlawful assembly, maximum punishment of 3 years R.I and fine of
Rs.1,000/- has been imposed and there is no necessity to interfere in the
judgment of sentence or in the conviction in view of overwhelming
evidence of the appellant.
12. Taking into consideration the fact that, the merit of the case
has already been discussed and held against the other accused in common
judgment dated 30.03.2015 and the dismissal of the SLP preferred by the
accused 2 to 4 and also this Court on considering the fact that PW.3 the
injured witness has deposed on 17.02.2000 along with Junior Assistant
Soundarajan and Subramani, the driver in the jeep bearing registration
No.TN 43 7443, when he was proceeding to the meeting of the Estate
Committee and its Workers Committee of the Non-Such factory to settle
the matter amicably, the jeep was nearing the labour office, Coonoor at
about 4.15 p.m., near Alikal junction, the jeep behind them was
continuously making horn sounds. When the driver Subramani (PW.2)
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gave them way to proceed, the said jeep overtook them and dashed the
front right side of his jeep and stopped to prevent them from proceeding
further. Amalraj, the appellant herein and two others came near front seat
of the jeep and this appellant caught hold of the shirt of PW.3 and told “
btspna thlh cd;id bfhd;why; jhd; v';fSf;F epk;kjp”
and pulled him out from the jeep. The other three jointly lifted and put
him in their jeep. PW.3 has identified A1 and the other persons who
accompanied A1 and he further deposed about the injury caused by these
four persons and when he was illegally confined. They abused and
threatened him with demand for reinstatement of three workers and repay
their 7 days wages. For about 45 minutes, he was harassed in jeep while
travelling and then he was taken to a tea estate. The witnesses have
identified the jeep, in which, he was abducted and the iron rod used by
this appellant to hit him on his right knee. This appellant went out for
some time and returned back and got PW.3 signatures in two statements.
The accused persons took him to different parts of the estate and after
snatching away his gold chain, cell phone and Rs.1,600/- kept in his
wallet, he was left free at 2.30 a.m., near outer line field No.2 of his
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Crl.A.No.142 of 2021
estate. Before releasing him, the appellant Amalraj threatened him that if
he reports the matter to the police, he will kill his wife and children. On
such overwhelming evidence the appeal is bound to be dismissed.
Though 20 years has lapsed no sympathy can be shown to this appellant.
From the deposition of PW.3, which clearly indicates that the appellant is
the master mind behind the crime and committed the offence of
abduction, robbery and criminal intimidation.
13. In the light of the above, this Court finds no reasons to
entertain this appeal either to interfere the conviction or the sentence.
Hence this Criminal Appeal is dismissed.
(i) The conviction and sentence imposed by trial Court stands
confirmed.
(ii) The period of imprisonment already undergone by the
accused shall be set off.
(iii) The learned trial judge shall take steps to enforce this
order.
26.07.2022
Index : yes/no
Speaking order/ Non speaking order
rpl
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Crl.A.No.142 of 2021
To
1.The Assistant Sessions Judge, Udagamandalam.
2.The Inspector of Police,
Kolokombai Police Station,
The Nilgiris
3.The Public Prosecutor,
High Court, Madras.
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Crl.A.No.142 of 2021
Dr.G.JAYACHANDRAN,J.
rpl
Crl.A.No.142 of 2021
26.07.2022
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