Madras High Court
Amutha vs State Rep.By on 5 January, 2023
Crl.R.C.No.593 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2023
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.593 of 2020
Amutha ... Petitioner
Versus
State rep.by
The Inspector of Police,
Rasipuram Police Station,
Namakkal District,
Crime No.741 of 2012. ... Respondent
Criminal Revision Case filed under Section 397 r/w 401 Criminal
Procedure Code, to set aside judgment dated 15.6.2020 passed in C.A.No.76
of 2019 on the file of the Principal Sessions Judge, Namakkal confirming the
judgment dated 01.11.2019 passed in S.C.No.15 of 2013 on the file of the
Additional Assistant Sessions Judge, Namakkal.
For Petitioner : Mr.G.Anbuchezhian
For Respondent : Mr.R.Murthi
Government Advocate (Crl.Side)
ORDER
The Criminal Revision Case has been filed against the judgment dated
15.6.2020 passed in C.A.No.76 of 2019 by the learned Principal Sessions
Judge, Namakkal, confirming the judgment dated 01.11.2019 passed in
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Crl.R.C.No.593 of 2020
S.C.No.15 of 2013 by the learned Additional Assistant Sessions Judge,
Namakkal.
2. The case of the prosecution is that on 20.08.2012, the
petitioner/accused who was known to the victim came to the house of the
victim on the pretext of watching television and after gaining entry thus, she
thrown chilli powder on the eyes of the victim and the victim with a stick and
koduval, caused injuries to her, forcibly snatched 6 ½ sovereigns of gold chain
worth about Rs.1,30,000/- and left the house bolting the door from outside;
after the attack, the victim was in a state of shock and when she regained
herself, she made a hue and cry and the front door was opened by her
neighbours.
3. On these allegations, the respondent/Police registered a case in Crime
No.741 of 2012 against the petitioner/accused for the offences punishable
under Sections 451, 394 r/w 397 IPC. After investigation, the
respondent/Police filed a charge sheet before the learned Judicial Magistrate,
Rasipuram and the same was taken on file in P.R.C.No.29 of 2012. After
completing the formalities under Section 207 Cr.P.C., the learned Magistrate
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Crl.R.C.No.593 of 2020
committed the case to the learned Principal Sessions Judge, Namakkal, since
one of the offences is exclusively triable by the Court of Session. The learned
Principal Sessions Judge, Namakkal taken the case on file in S.C.No.15 of
2013 and made over the case to the learned Additional Assistant Sessions
Judge, Rasipuram. The learned Sessions Judge, framed charges against the
accused for the offences under Sections 451 and 394 r/w 397 IPC.
4. In order to prove its case before the trial Court, on the side of the
prosecution, as many as 12 witnesses were examined as P.W.1 to P.W.12 and
9 documents were marked as Exs.P1 to P9 and seven material objects were
marked as M.O.1 to M.O.7.
5. After examining the prosecution witnesses, the incriminating
circumstances culled out from the evidence of the prosecution witnesses were
put before the accused and she was questioned under Section 313 Cr.P.C.,
wherein she denied all the incriminating circumstances as false and pleaded
not guilty. On the side of the defence, no oral evidence was adduced and no
documentary evidence was produced.
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Crl.R.C.No.593 of 2020
6. The trial Court, after hearing the arguments advanced on either side
and also considering the materials available on record, found that the accused
was found guilty for the aforesaid offences and convicted and sentenced as
follows:
(i) the accused was convicted for the offence under Section 394 r/w 397
IPC and sentenced to undergo rigorous imprisonment for a period of seven years
and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a
period of six months;
(ii) the accused was convicted for the offence under Section 451 IPC and
sentenced to undergo simple imprisonment for a period of two years and to pay a
fine of Rs.1,000/-, in default, to undergo simple imprisonment for a period of
two months;
(iii) the trial Court ordered that the period of detention already undergone
by the accused was directed to be set off under Section 428 Cr.P.C.
7. Challenging the said conviction and sentence, the petitioner/accused
preferred an appeal in Crl.A.No.76 of 2019 before the learned Principal
Sessions Judge, Namakkal. The lower Appellate Court, as a final Court of fact
finding re-appreciated the entire materials and dismissed the appeal and
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Crl.R.C.No.593 of 2020
confirmed the conviction and sentence passed by the trial Court. Aggrieved by
the same, the petitioner has filed the present revision before this Court.
8. Since the revision has been filed in the year 2020 and the same is
pending for more than two years, despite sufficient opportunity was given to
the petitioner to argue the matter, the learned counsel for the petitioner is not
yet ready to argue the matter. Therefore, this Court is inclined to dispose of
the revision on merits.
9. Admittedly, the respondent/Police registered a case against the
petitioner/accused for the offences punishable under Sections 451, 394 r/w
397 IPC and after trial, the trial Court convicted and sentenced for the
charged offences, which was confirmed by the lower Appellate Court.
10. In order to prove the case of the prosecution, during trial, on the
side of the prosecution, totally 12 witnesses were examined, out of which, the
victim/de-facto complainant was examined as P.W.1. The Doctor, who treated
P.W.1 for her injuries was examined as P.W.9. The Accident Register was
marked as Ex.P4. The retired Village Administrative Officer of Muthukalipatty
Village, who is the recovery witness to the confession statement was examined
as P.W.10.
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Crl.R.C.No.593 of 2020
11. A reading of the evidence of P.W.1, who is the injured witness has
stated that on the date of occurrence i.e. on 20.08.2012 at about 3.00 p.m,
the petitioner/accused, who was known to her, came to her house saying that
the television set in her house was not working and picked up a conversation;
once went inside the house, all of a sudden, the accused threw chilly powder
on her (P.W.1's) face and brutally attacked her with a stick and koduval,
caused injuries to her and forcibly snatched the thalikodi and brutally
attacked her with a wooden log and koduval. After the attack, the victim was
in a state of shock and when she regained herself, she made a hue and cry and
the front door was opened by her neighbours P.W.5 and P.W.6. Thereafter,
they intimate the same to the victim's son/P.W.3. Then, P.W.1 was taken to
hospital by her son/P.W.3 and her daughter-in-law/ P.W.4. Further, P.W.1
clearly mentioned the name of the accused, who caused injuries to her.
12. P.W.9/Doctor who examined the victim has clearly stated that on
20.08.2012 at about 6.30 p.m P.W.1 was brought to the hospital for treatment
and on enquiry she has stated that she was attacked by a known person with a
wooden stick and koduval and also the accused threw chilli powder on her
face. On clinical examination, she found injuries on the victim, which are
simple in nature. The Doctor also made entries in the Accident Register, which
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Crl.R.C.No.593 of 2020
was marked as Ex.P4.
13. P.W.10 who is the retired Village Administrative Officer of
Muthukalipatty Village has clearly deposed that in his presence, the accused
had voluntarily confessed to the Inspector of Police that she had hidden the
thalikodi chain of P.W.1 in the house of her mother and also stated that she
had concealed the blood stained saree and jacket in the bureau, which was
kept in her house. Based on the confession statement, the investigating officer
had seized the thalikodi chain through seizure mahazar, which was marked as
Ex.P7.
14. The investigating officer was examined as P.W.12 and they have
recovered the bloodstained wooden stick (M.O.2), bloodstained pillow
(M.O.3), bloodstained knife (M.O.4) and chilli powder (M.O.5) from the
place of occurrence.
15. On a combined reading of the evidence of P.W.1, P.W.9 and P.W.10,
Ex.P4 and material objects, this Court finds that the prosecution has proved
its case beyond reasonable doubt. Further, the injured witness herself clearly
stated that the accused, one who entered into her house and caused injuries to
her and robbed her thalikodi chain. Therefore, the trial Court rightly
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Crl.R.C.No.593 of 2020
appreciated the entire evidence and convicted and sentenced the petitioner.
The lower appellate Court as a final Court of fact finding also re-appreciated
the entire evidence and confirmed the judgment of the trial Court.
16. The scope of revision is very limited. The Trial Court already
appreciated the entire evidence and convicted and sentenced the petitioner,
which was confirmed by the lower Appellate Court and while exercising the
revisional jurisdiction, this Court cannot sit in the arm chair of the Appellate
Court and re-appreciate the evidence. However, this Court has to see whether
there is any perversity or infirmity in the judgments of the Courts below.
17. On a perusal of the entire materials and the judgments of the both
the Courts below, this Court does not find any perversity in the judgments of
both the Courts below and there is no merit in the revision and the same is
liable to be dismissed.
18. Hence, this Criminal Revision Case is dismissed and the judgment
of both the Courts below are confirmed. Since the petitioner is on bail, the
trial Court is directed to take steps to secure the custody of the accused to
undergo the remaining period of sentence, if any, and the same shall be set-off
under Section 428 Cr.P.C.
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Crl.R.C.No.593 of 2020
05.01.2023
Index : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation Case : Yes/No
ms
To
1.The Principal Sessions Judge,
Namakkal.
2.The Additional Assistant Sessions Judge,
Namakkal.
3.The Public Prosecutor,
High Court, Madras.
4.The Inspector of Police,
Rasipuram Police Station,
Namakkal District.
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Crl.R.C.No.593 of 2020
P.VELMURUGAN, J.
ms
Crl.R.C.No.593 of 2020
05.01.2023
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