Madras High Court
Raja vs State Represented By on 20 June, 2023
Crl.R.C(MD)No.164 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.06.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.164 of 2019
and
Crl.M.P(MD)No.2465 of 2019
1.Raja
2.Gobi
3.Tamilarasi
4.Akila ... Petitioners/
Appellants/Accused
Vs.
State represented by,
The Sub-Inspector of Police,
G.H Police Station,
Trichy City.
(Crime No.95 of 2013). ... Respondent/
Respondent/Complainant
PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of
the Code of Criminal Procedure, to call for the records and set aside
the Judgment passed in C.A.No.14 of 2018, dated 08.11.2018 on
the file of the learned Principal Sessions Judge, Trichy, modifying the
Judgment made in C.C.No.214 of 2013, dated 26.12.2017, on the
file of the learned Judicial Magistrate No.IV, Trichy and acquit the
petitioners.
For Petitioners : Mr.T.Senthilkumar
For Respondent : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
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Crl.R.C(MD)No.164 of 2019
ORDER
This revision has been filed to set aside the Judgment
made in C.A.No.14 of 2018, dated 08.11.2018 on the file of the
learned Principal Sessions Judge, Trichy, modifying the Judgment
made in C.C.No.214 of 2013, dated 26.12.2017, on the file of the
learned Judicial Magistrate No.IV, Trichy.
2.The case of the prosecution is that on 06.06.2013, at
about 05.30 a.m., the fourth petitioner poured water and wiped
away the rangoli, which was drawn by the wife of the defacto
complainant. It was drawn at the doorsteps of their house at Door
No.5/42, Mela Theru, Uyyakondan Thirumalai, Tiruchirappalli. They
also abused the person, who drew the rangoli, with obscene words.
When it was questioned by the defacto complainant, the fourth
petitioner, accusing him to be the reason for all this, abused him
with filthy language. At that time, the first and second petitioners
brought iron rods from their house and hit the defacto complainant
on his head and caused simple injuries to him. When the defacto
complainant attempted to prevent the assault, petitioners 3 and 4
brought casuarina sticks from their house and hit him and caused
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Crl.R.C(MD)No.164 of 2019
simple injuries. Thereafter, all the petitioners threatened them by
showing iron rods and casuarina sticks that they will do away with
them. Immediately, the defacto complainant and his brother were
taken to the Hospital for treatment. Hence, the complaint.
3.On the complaint, the respondent registered the F.I.R
in Crime No.95 of 2013 for the offences under Sections 294(b), 324
and 506(ii) of I.P.C. After completion of the investigation, they filed
a final report and the same has been taken cognizance by the trial
Court in C.C.No.214 of 2013 on the file of the learned Judicial
Magistrate No.IV, Trichy.
4.In order to bring the charges to home, the prosecution
had examined P.W.1 to P.W.11 and marked Ex.P.1 to Ex.P.9 and the
prosecution also produced material objects M.O.1 to M.O.3. On the
side of all the accused, they had examined D.W.1 and D.W.2 and no
documents were marked.
5.On perusal of the oral and documentary evidence, the
trial Court found the petitioners 1, 2 and 3 guilty for the offence
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Crl.R.C(MD)No.164 of 2019
under Sections 324 and 506(ii) of I.P.C and found the fourth
petitioner guilty for the offence under Sections 294(b), 324 and
506(ii) of I.P.C., and the petitioners 1, 2 and 3 were sentenced to
undergo one year Simple Imprisonment for the offence under
Section 324 of I.P.C and they were sentenced to undergo six
months Simple Imprisonment for the offence under Section 506(ii)
of I.P.C. The fourth petitioner was sentenced to undergo one month
Simple Imprisonment for the offence under Section 294(b) of I.P.C,
he was sentenced to undergo one year Simple Imprisonment for the
offence under Section 324 of I.P.C and he was sentenced to undergo
six months Simple Imprisonment for the offence under Section
506(ii) of I.P.C. Aggrieved by the same, all the petitioners preferred
an appeal in C.A.No.14 of 2018, dated 08.11.2018 on the file of the
learned Principal Sessions Judge, Trichy. The Appellate Court partly
allowed the appeal and thereby modified the conviction and
sentence as against the petitioners 1 to 4 and they were acquitted
for the offence under Section 324 of I.P.C alone and the conviction
and sentence imposed as against the petitioners 1 to 4 for the
offences under Sections 294(b) and 506(ii) of I.P.C shall stand
confirmed.
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Crl.R.C(MD)No.164 of 2019
6.Heard the learned counsel appearing on either side
and perused the materials available on record.
7.It is seen that all are close relatives and stayed in
opposite houses. While the wife of the defacto complainant had
drawn rangoli in front of their house, there was a dispute between
them. Even before that, there was a civil dispute with regard to the
pathway.
8.Considering the age of the petitioners and also their
relationship, this Court is inclined to modify the sentence alone into
compensation.
9.Accordingly, the conviction imposed as against the
petitioners for the offences under Sections 294(b) and 506(ii) of
I.P.C is hereby confirmed. In so far as the sentence awarded by the
Courts below is hereby set aside as against the petitioners, on
condition that the petitioners shall pay a sum of Rs.15,000/-
(Rupees Fifteen Thousand Only) each (totalling Rs.60,000/-) to the
credit of C.C.No.214 of 2013 on the file of the learned Judicial
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Crl.R.C(MD)No.164 of 2019
Magistrate No.IV, Trichy on or before 24.07.2023. On such deposits,
P.W.1 and P.W.2 are permitted to withdraw the sum of Rs.30,000/-
each. If the petitioners failed to pay the said sum, the sentence
imposed by the Appellate Court below shall stand restored without
any further reference to this Court and the respondent is directed to
secure them to serve the remaining period of the sentence.
10.Accordingly, this Criminal Revision Case is partly
allowed. Consequently, connected Miscellaneous Petition is closed.
20.06.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes
ps
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Crl.R.C(MD)No.164 of 2019
To
1.The Principal Sessions Judge,
Trichy.
2.The Judicial Magistrate No.IV,
Trichy.
3.The The Sub-Inspector of Police,
G.H Police Station,
Trichy City.
4.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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Crl.R.C(MD)No.164 of 2019
G.K.ILANTHIRAIYAN, J.
ps
Order made in
Crl.R.C(MD)No.164 of 2019
20.06.2023
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