Madras High Court
Vinoth vs State Represented By on 20 September, 2022
Crl.R.C.No.1245 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.09.2022
CORAM
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.1245 of 2016
Vinoth, ... Petitioner/Accused
/versus/
State Represented by,
Inspector of Police,
Thittakudy Police Station,
Crime No.167 of 2014 ... Respondent/Complainant
Prayer: Criminal Revision Case is filed under Section 397 read with 401 of
Cr.P.C., to set aside the judgment dated 02.09.2016 passed by the Learned on the
file of III Additional District and Sessions Judge, Cuddalore at Virudhachalam,
confirming the order passed by Principal Assistant Sessions Judge, Viruthachalam
in S.C.No.10 of 2015.
For Petitioner : No appearance
For Respondent : Mr.N.S.Suganthan,
Government Advocate (Crl.Side).
ORDER
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This Criminal Revision Petition is filed against the concurrent
findings of the Courts below holding the petitioner/accused guilty of offences
under Sections 294(b), 341, 355, 326, 506(ii) of I.P.C.
2. The Appellate Court has confirmed the conviction and sentence
imposed by the trial Court. Challenging the judgment of the Courts below, this
Criminal Revision Petition is filed. In spite of several adjournments, there is no
representation for the petitioner or for some reason, he has sought for
adjournments. Today, when the case listed, there is no representation for the
petitioner.
3. On perusing the records, this Court finds that the judgment of the
Court below is challenged on the ground that recovery of material objects under
Section 27 of Indian Evidence Act not proved and the prosecution has failed to
prove the delay in registering the F.I.R and forwarding a copy of the same to the
Magistrate. The conviction is laid based on uncorroborated evidence. There is no
independent witness for the alleged incident. P.W.7 (Dinesh Kumar), who is the
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Crl.R.C.No.1245 of 2016
brother of P.W.1 (Rajesh kumar) and P.W.2 (Siva Kumar) who alleged to have
sustained injury.
4. On going through the records, this Court finds that, while P.W.1
and P.W.2 were taking dinner at Veeran Hotel, Vathishtapuram, on 06.08.2014, at
11.30 hours, a customer by name Pattukottaiyan @ Murugan came to the hotel and
ordered food to take away, since hotelier attended new customer, the accused
persons abused him for giving priority to the new customer. This was objected by
one Rajesh kumar who was present in the hotel at that time. After Rajesh Kumar
and his friend Siva Kumar left the hotel, the accused persons followed him and
attacked Rajesh kumar with Wooden log over the right knee. The other accused
Murugan attacked Siva Kumar with stone over the neck. Rajesh Kumar and Siva
Kumar was examined as P.W.1 and P.W.2. This incident was witnessed by P.W.7
and he has corroborate the evidence of P.W.1 and P.W.2. The Doctor, who has
examined the injury sustained by P.W.1 and P.W.2 has certified that P.W.1 has
sustained partial avulsion of left ear and disfigurement over the face which is
grievous in nature. The weapon used to attack the victims P.W.1 and P.W.2 was
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Crl.R.C.No.1245 of 2016
recovered which is marked as M.O.1 and M.O.2. This was recovered based on the
confession given by the accused persons. Though, P.W.4 & P.W.5 were treated as
hostile witnesses, the other witnesses namely P.W.9, who witnessed the arrest of
the accused persons and recovery of material objects based on the confession
statement of the accused has fully supported the case of the prosecution.
Therefore, the Courts below has found the accused persons guilty and convicted
them as below for the offences stated:-
Accused Offences under Conviction and Sentence imposed by the trial Court
Section
A1 to A3 294 (b) of I.P.C To pay fine of Rs.500/-, each, in default, three weeks S.I.
341 of I.P.C To pay fine of Rs.250/- each, in default one week S.I.
506(i) of I.P.C To pay fine of Rs.1000/- each, in default one month S.I.
A1 355 of I.P.C To pay fine of Rs.1000/-, in default one month S.I.
A2 & A3 324 of I.P.C To pay fine of Rs.2,000/-, each in default, six month R.I.
A1 326 of I.P.C To undergo three years R.I and to pay fine of Rs.1000/-,
in default three months R.I.
The appellant (A1) was not found guilty for offence under Section
307 of I.P.C and acquitted for the said charge.
5. The Criminal Appeal (C.A.No.9 of 2016) filed by the appellant
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Crl.R.C.No.1245 of 2016
against the conviction and sentence passed in S.C.No.10 of 2015 was dismissed.
Confirming the conviction and sentence imposed by the trial Court.
6. As discussed above, this Revision Petition is filed challenging the
concurrent findings of the Courts below. The grounds stated are found to be
sustainable since the Courts below have rightly considered the evidence of the
injured witnesses namely P.W.1 and P.W.2, which was witnessed by P.W.7 and
corroborated by the evidence of P.W.8, the Doctor, who has treated the injured
victims. Since the material objects were recovered based on the confession
statement given by the accused persons which is fully admissible under Section 27
of Indian Evidence Act, as a fact leading to discovery of evidence. This Court
finds no merit in the revision petition.
7. For the above said reasons, this Court holds no error in the well
considered judgment of the trial Court. Hence, this Criminal Revision Petition is
dismissed. Bail Bond stands cancelled. The accused shall be secured and
committed to prison to undergo the remaining period of sentence. The period of
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Crl.R.C.No.1245 of 2016
imprisonment already undergo shall be set off under Section 428 of Cr.P.C
20.09.2022
Index : Yes/No.
Internet : Yes/No.
bsm
To,
1. The III Additional District and Sessions Judge, Cuddalore at Virudhachalam,
2. The Principal Assistant Sessions Judge, Viruthachalam
3. The Inspector of Police, Thittakudy Police Station, Virudhachalam.
4. The Public Prosecutor, High Court, Madras.
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Crl.R.C.No.1245 of 2016
Dr.G.JAYACHANDRAN,J.
bsm
Crl.R.C.No.1245 of 2016
20.09.2022
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