Madras High Court
Viswanathan vs State By Sub-Inspector Of Police on 13 June, 2023
Crl.R.C.No.1387 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.1387 of 2019
1. Viswanathan
2. Chinnammal
3. Muralisankar
4. Balakrishnan .. Petitioners/Accused 1 to 4
Vs.
State by Sub-Inspector of Police,
Veeranam Police Station,
Salem District. .. Respondent / Complainant
[Crime No.263/2015]
PRAYER : This Criminal Revision Case is filed under Section 397 read
with Section 401 of Cr.P.C., to set aside the Judgment made in
C.A.No.168/2018 dated 22.10.2019 on the file of the learned III Additional
District Judge, Salem by confirming the conviction and sentence passed
vide judgment in CC.No.56/2016 dated 10.10.2018 on the file of the
learned Judicial Magistrate No.IV, Salem and to allow the Criminal
Revision.
For Petitioners : Mr.R.Nalliyappan
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl. Side)
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Crl.R.C.No.1387 of 2019
ORDER
Convicted Accused 1 to 4 are the revision petitioners herein.
2. The respondent police registered the case under Section 294(b),
324 and 506 (ii) IPC. Subsequent to that the respondent filed charge sheet
and the same was taken into file in C.C.No.56 of 2016 on the file of the
learned Judicial Magistrate No.IV, Salem under Sections 323, 324, 326 and
506 (ii) of IPC. The learned Judicial Magistrate vide judgment dated
10.10.2018 convicted the petitioners/accused 1 to 4 as hereunder.
Sl.No. Accused No. For Offence Sentence
under Section
1 A1 294(b) IPC To pay fine of Rs.500/-, in default to
undergo one week simple
imprisonment.
324 IPC To pay fine of Rs.750/-, in default to
undergo one week simple
imprisonment.
2 A2 294(b) IPC To pay fine of Rs.500/-, in default to
undergo one week simple
imprisonment.
3 A3 324 IPC To pay fine of Rs.750/-, for each count
(2 counts) and in default to undergo one week
simple imprisonment.
4 A4 326 IPC To undergo six months simple
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Crl.R.C.No.1387 of 2019
Sl.No. Accused No. For Offence Sentence
under Section
imprisonment and to pay fine of
Rs.2,000/-, in default to undergo one
month simple imprisonment.
506(ii) (2 counts) To pay fine of Rs.1000/-, for each count
in default to undergo one week simple
imprisonment.
3. Against the judgment of the trial Court, all the
accused/petitioners herein preferred an appeal before the learned III
Additional District Judge, Salem in C.A.No.168 of 2018 and the lower
appellate Court vide judgment dated 22.10.2019, dismissed the appeal.
Hence, the revision.
4. As stated supra, this revision is filed by all the accused. The
trial Court has convicted all the accused, however, except A4, all others i.e.,
A1, A2 and A3, have been sentenced to pay fine amounts of Rs.1250/-,
500/- and 1500/- respectively and A4 alone is sentenced to under go simple
imprisonment for six months along with fine of Rs.4,000/-. All the accused
paid the fine and preferred criminal appeal and the same was dismissed and
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Crl.R.C.No.1387 of 2019
hence, all the accused have preferred this revision.
5. There was a case and counter case wherein on the complaint of
the 2nd petitioner herein, the respondent has registered a case in Cr.No.264
of 2015 against the defacto complainant in the above case and others with
respect of the disputes regarding same occurrence. Later, the respondent
herein filed charge sheet in both case and counter case before the learned
Judicial Magistrate and the learned Judicial Magistrate has also taken both
the cases into file in CC.No.56 of 2016 and CC No.57 of 2016. The trial
Court tried the above said cases separately and passed two judgments dated
10.10.2018 and 14.06.2018. The trial Court convicted the
petitioners/accused in C.C.No.56 of 2016 and acquitted the accused in
C.C.No.57 of 2016 on benefit of doubt.
6. Learned counsel for the revision petitioners could contend that
though this a case and counter case, the procedure contemplated under
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Crl.R.C.No.1387 of 2019
Orders 588-A of the Madras Police Standing Orders, has not been properly
followed. Ex.P4-Wound Certificate issued by PW9 cannot be the sole basis
for conviction under Section 326 of IPC.
7. The learned Government Advocate (Crl. Side) made submissions
in support of the judgment of the trial Court.
8. After hearing the rival submissions and also after perusing the
orders passed by the trial Court, I find that
(a) on 24.11.2015 at about 5.00pm, when the witness No.1
Elavarasan walking nearer to the house of Viswanathan at Pallipatty
Amman Kovil Street, the A1 and A2 due to civil dispute scolded him using
indecent words and thereby, A1 and A2 committed offence punishable
under Section 294(b) IPC and in continuation of the above said occurrence,
A1 and A2 assaulted witness No.1 on his shoulder and back side by using
wooden log and caused simple injuries and thereby, A1 and A2 committed
offence punishable under Section 324 IPC. Further, in continuation of
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Crl.R.C.No.1387 of 2019
above occurrence, A3 assaulted witness No.1 by using iron rod on his head
and at the same time, A3 assaulted witness No.2 Silambarasan also by using
same iron rod and caused simple injuries and thereby, A3 committed
offence punishable under Section 324(2 counts) IPC.
(b) In continuation of the above said occurrence, A4 assaulted
witness No.1, by using wooden log over his shoulder and when it was
resisted by witness No.1, the above said assault caused grievous injuries on
the left thumb and at the same time he gave a kick to witness No.5,
Kaliyammal and thereby, A4 committed offence punishable under Section
323 and 326 of IPC. Further, A4 caused criminal intimidation to witness
Nos.1 ad 2 and thereby committed offence punishable under Section 506 (ii)
(2 counts) IPC.
(c) Records further reveals that PW9-Dr.Pugazhenthi had admitted
PW1-Elavarasan on 24.11.2015 and issued a Ex.P4-wound certificate and as
per the said certificate, PW1 sustained grievous injury. The PW9 further
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Crl.R.C.No.1387 of 2019
treated PW2 Silambarasan and issued a certificate as per Ex.P5 as the
injuries sustained by PW2 are simple in nature. The PW10-Dr.Muthusamy
admitted PW5-Kaliyammal for treatment on 25.11.2015 at Government
Hospital, Salem. The PW9 also admitted the above said witness at
Government Hospital, Salem. Since PW5 was absconding from the
treatment, no final opinion was given for PW5-Kaliyammal by PW10. The
wound certificate of Kaliyammal is Ex.P6.
9. In view of the above, in respect of accused 1, 2 and 3, against
whom fine alone is imposed, I do not find any reason to interfere with the
conviction and sentence passed by the trial Court and hence, the revision
petition in respect of accused 1, 2 and 3, stands dismissed.
10. In respect of the conviction of A4 for the alleged offence under
Section 326 of IPC, the learned Government Advocate (Crl.Side) drew my
attention to the evidence of PW9-Dr.Pugazhenthi, who had given treatment
to PW1 and issued Ex.P4-Wound Certificate wherein, he had stated that
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injury sustained by PW1 viz., injury into the left thumb is grievous in
nature.
11. This Court has given its anxious consideration to the said
submissions of the learned Government Advocate (Crl.Side) and the
documentary evidence.
12. In Mayandi and Sankar @ JeySankar Vs.The State of Tamil
Nadu , represented by its Inspector of Police [Crl.A.(MD)No.206 of 2008
dated 14.08.2019], I had an occasion to consider a very similar issue
wherein when the charges for the offence under Section 326 of IPC is laid
and the Doctor has issued a Wound Certificate classifying the injury as a
grievous in nature. Having relied upon x-ray, copy of the x-ray has to be
necessarily marked. If copy of the x-ray is not marked, the accused is
deprived of his opportunity to cross examine PW1 as to the nature of injury,
whether it is simple or grievous and the said decision is followed by me in
Arumugam & six others vs. The State, Rep. By the Inspector of Police
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Crl.R.C.No.1387 of 2019
[Crl.R.C.No.899 of 2016 dated 05.06.2023].
13. In the instant case, as referred in Ex.P4-Wound Certificate,
PW9-Dr.Pugazhenthi, appears to have relied upon two x-rays of PW1
bearing Nos.27562 and 27595, both dated 25.11.2015, with regard to hand
fracture and the opinion was given by the Ward Medical Doctor and not by
PW9, assumes significance.
14. Therefore, I find that the conviction laid by the learned
Judicial Magistrate No.IV, Salem, for the offence under Section 326 IPC
against A4 is unsustainable. However, taking note of the injuries sustained
by PW1, the charge under Section 326 IPC is hereby modified and scaled
down to Section 324 IPC and accordingly, A4 is convicted under Section
324 IPC and sentenced to pay a sum of Rs.7,500/- as compensation and on
such payment, the said amount, shall be disbursed to the injured PW1 by
moving appropriate application before the trial Court. Except the said
modification, the conviction and sentence passed vide judgment in
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Crl.R.C.No.1387 of 2019
CC.No.56/2016 dated 10.10.2018 on the file of the learned Judicial
Magistrate No.IV, Salem, remains intact.
15. In the result, the criminal revision in respect of Accused 1, 2
and 3, is dismissed and the criminal revision in respect of A4, is partly-
allowed, as indicated above. The fine amount already paid, if any by A4
shall be adjusted against the sentence now awarded.
13.06.2023
Index: Yes / No
Speaking/Non-Speaking order
Neutral Citation: Yes/No.
ars
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Crl.R.C.No.1387 of 2019
To
1. The III Additional District Judge,
Salem.
2. The Judicial Magistrate No.IV,
Salem.
3. The Sub-Inspector of Police,
Veeranam Police Station,
Salem District.
4. The Public Prosecutor,
High Court, Madras.
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Crl.R.C.No.1387 of 2019
RMT.TEEKAA RAMAN,J.,
ars
Crl.R.C.No.1387 of 2019
13.06.2023
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