Selvam vs The State Represented By
2023 Latest Caselaw 7732 Mad

                                                                        Crl.R.C.(MD).No.691 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Dated : 06.07.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                          Crl.RC(MD)No.691 of 2023
                                                    and
                                     Crl.MP(MD)Nos.8967 & 9638 of 2023

                Selvam                                    ... Petitioner/Appellant/
                                                                Sole Accused
                                                 Vs.
                The State represented by,
                The Inspector of Police,
                Thanjavur East Police Station,
                Thanjavur District.
                (Crime No.60 of 2016)                   ... Respondent/Respondent/
                                                              Complainants

                PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401
                of Cr.P.C., call for the records and set aside the judgment passed by the learned
                Judicial Magistrate No.I, Thanjavur, in C.C.No.185 of 2018 dated 31.08.2021,
                which was confirmed by the Additional District Judge, Special Court under EC
                Act Cases, Thanjavur, in Crl.A.No.64 of 2021 and acquit the petitioner from the
                charges.


                                   For Petitioner      : Mr.M.Karunanithi

                                   For Respondent      : Mr.R.Sivakumar
                                                         Government Advocate (Crl.Side)

                1/8
https://www.mhc.tn.gov.in/judis
                                                                           Crl.R.C.(MD).No.691 of 2023

                                                        ORDER

This petition has been filed to set aside the judgment passed by the learned

Judicial Magistrate No.I, Thanjavur, in C.C.No.185 of 2018 dated 31.08.2021,

which was confirmed by the Additional District Judge, Special Court under EC

Act Cases, Thanjavur, in Crl.A.No.64 of 2021, dated 29.07.2022.

2.The respondent police registered a case in Crime No.60 of 2016 against

the petitioner for the offence under Section 294(b) and 323 of IPC. Prior to the

date of occurrence i.e., 22.06.2016, there was some dispute arose between the

wife of the petitioner and P.W.1. After that, on 22.02.2016, at 07.00 a.m, the

accused went infront of the P.W.1 house and questioned P.W.1 why he made

quarrel with his wife in his absence. So, he got provocation and assaulted P.W.1

in his left eye and caused injuries. So, P.W.2, wife of P.W.1 taken P.W.1 to the

hospital for treatment. On receipt of information from the hospital, the

respondent police went to the hospital and received a complaint (Ex.P.1) on

01.03.2016 and registered a case for the offences under Sections 294(b) and 323

of IPC and subsequently, it was altered into offences under Sections 294(b) and

325 IPC.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.691 of 2023

3.The Investigating Officer examined all material witnesses and collected

the material documents and completed the investigation and filed the final report

before the learned Judicial Magistrate No.I, Thanjavur. Thereafter, the learned

Judicial Magistrate taken on file in C.C.No.185 of 2018. Then the learned Trial

Judge served the copies under Section 207 Cr.P.C and framed the necessary

charges and questioned the accused and the petitioner denied the charges and

pleaded not guilty and he stood for trial.

4.The learned Trial Judge, after considering P.W.1 to P.W.9 witnesses and

exhibits P.1 to P.9 and considering the submission of the learned counsel for the

petitioner as well as the learned Public Prosecutor found the petitioner guilty

under Section 325 IPC alone and acquitted him under Section 294(b) IPC. For

the conviction under Section 325 IPC, the learned Trial Judge imposed 1 year

sentence of imprisonment with fine of Rs.5,000/- and in default underdo 1 month

Simple Imprisonment. Out of total fine amount Rs.5,000/-, Rs.4,000/- was

granted as compensation.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.691 of 2023

5. Aggrieved over the same, the petitioner filed Criminal Appeal in

Crl.A.No.64 of 2021 on the file of the learned Additional District Judge, Special

Court under EC Act Cases, Thanjavur, and the learned Appellate Judge also

confirmed the said conviction and sentence of imprisonment and fine amount

without any modification.

6. Aggrieved over the concurrent finding, on both conviction and sentence

of imprisonment, the petitioner has filed this Revision.

7.The learned counsel for the petitioner submitted that there was huge

delay in registering the FIR and the number of witnesses turned hostile and there

is material discrepancies between the witnesses of P.W.1, P.W.2 and P.W.3. He

further submitted that both the Courts below have not considered the above

aspects and granted conviction and sentence of imprisonment as stated above.

Further, he submitted that the petitioner is very poor man and on sudden

provocation, he assaulted P.W.1 and there was no intention on his part. He also

undergone more than 70 days of imprisonment and he seeks the indulgence of

this Court atleast to reduce the sentence.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.691 of 2023

8.The learned Government Advocate (Crl.Side) submitted that the

petitioner caused injuries to P.W.1 by using wooden log in his left eye and hence,

he lost his vision in the left eye. Both the Courts below considering the

deposition of eye witnesses P.W.1, P.W.2 and P.W.3, accepted the reason for

preferring the complaint and rendered the conviction under Section 325 IPC and

imposed 1 year imprisonment and fine of Rs.5,000/-. Considering the injuries

sustained by P.W.1 in his left eye, the punishment imposed upon the petitioner is

not adequate and hence, no need to make sympathy towards the petitioner. So, he

seeks for dismissal of this Revision.

9. This Court considered the rival submission made by both the parties and

perused the all evidence as well as the documents furnished before the Trial

Court.

10. P.W.1 admitted in the hospital on 22.02.2016. He further undergone

operation in the left eye and face. Considering the nature of the relationship

between the petitioner and his family, he reluctant to proceed the complaint

given to the respondent police. Subsequently, due to the injuries his left eye was

totally damaged. So there was operation on the face and left eye. So, he gave the

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.691 of 2023

complaint on 01.03.2016. So, the contention of the petitioner that huge delay in

preferring the complaint cannot be accepted in the said special circumstances.

Further, the said explanation was accepted by the Courts below and the same is

not call for interference in this revisional jurisdiction.

11. The non-recovery of wooden log is not material one when the 3

eye-witnesses clearly deposed about the assault made by the petitioner upon

P.W.1 in cogent manner and the said eye-witnesses are trustworthy.

12. In the said circumstances, both the Courts below correctly relied the

evidence of P.W.1, P.W.2, P.W.3, the Doctor and the injury Certificate (Ex.P.5)

and passed conviction under Section 325 of IPC. Hence, no ground for

interfering in the conviction rendered by the Courts below under Section 325

IPC.

13. Sofar as the sentence of imprisonment is concerned, both the parties

are neighbours and the incident took place out of outburst and even as per the

evidence of P.W.1 that he initially not intended to take action against the

petitioner on the account of the relationship, this Court is inclined to reduce the

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.691 of 2023

sentence. At the same time, considering the injuries sustained by P.W.1, in the

interest of justice, this Court is inclined to grant the compensation to P.W.1.

14. Accordingly, this Criminal Revision Case is partly allowed in the

following terms:-

i) The conviction passed under Section 325 IPC by the learned Trial Judge

in C.C.No.185 of 2016 confirmed in C.A.No.64 of 2021 on the file of the

Additional District Judge, Special Court under EC Act Cases, Thanjavur, does

not require any interference.

ii) The sentence of simple imprisonment of 1 year is modified to the effect

that the petitioner shall pay the compensation of Rs.20,000/- to P.W.1 in addition

to the compensation amount imposed by the learned Trial Judge. If the

compensation has not paid, the sentence imposed by the Courts below shall stand

restored automatically.

-Consequently, the connected miscellaneous petitions are closed.

06.07.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss Note : Issue order copy on 19.07.2023

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.691 of 2023

K.K.RAMAKRISHNAN, J.

dss

To

1.The Additional District Judge, Special Court under EC Act Cases, Thanjavur.

2.The Judicial Magistrate No.I, Thanjavur.

3.The Inspector of Police, Thanjavur East Police Station,Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.RC(MD)No.691 of 2023 and Crl.MP(MD)Nos.8967 & 9638 of 2023

06.07.2023

https://www.mhc.tn.gov.in/judis