Madras High Court
State vs Sakthivel on 4 June, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
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CRL. A. No.436/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 04.06.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRL. A. NO. 436 OF 2021
State, rep. By
The Deputy Superintendent of Police
Harur Sub Division
Dharmapuri District
Pappyreddypatti P.S. .. Appellant
- Vs -
1. Sakthivel
2. Poomani
3. Chidambaram
4. Ramachandran
5. Mani
6. Srinivasan
7. Selvaraj
8. Rajendran
9. Murugesan
10. Sekar
11. Selvam
12. Velu
13. Ramu
14. Manickam
15. Mathu
16. Kumaresan
17. Dhanapal
1
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CRL. A. No.436/2021
18. Sekar
19. Chinnakannu
20. Kuppusamy
21. Madhavan
22. Vediappan
23. Oor Gounder @ Patchaippan
24. Pugazhendi
25. Mohan
26. Dhanapal
27. Aunkumar
28. Prabhakaran
29. Mani
30. Rajendran
31. Velayudham
32. Vediappam
33. Rajkumar
34. Ravichandran
35. Murugan
36. Ramaraj
37. Kanthan
38. Selvam
39. Alagarasan
40. Govindasamy
41. Samikannu
42. Govindan
43. Thambidurai @ Nambiraja
44. Manickam
45. Manoharan
46. Nagaraj
47. Rangasamy
48. Jadaiyan
49. Manickam
50. Vadivel
51. Rajagopal
52. Murugan
2
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CRL. A. No.436/2021
53. Sekar
54. Settu
55. Seenan
56. Rajasekar
57. Anbarasan
58. Arjunan
59. Rajamanickam
60. Ramakrishnan
61. Thangaraj
62. Pari .. Respondents
Criminal Appeal filed under Section 378 (i) of the Code of Criminal
Procedure praying to set aside the judgment of acquittal dated 5.07.2016 passed
by the trial court in favour of the respondents/accused made in S.C. No.08/2008
on the file of the Principal Sessions Court, Dharmapuri, by allowing this criminal
appeal and convict the respondents./accused for the charges framed against
them.
For Appellant : Ms. G.V.Kasthuri, APP
For Respondents : Mr. K.Balu for RR-1 to 9, 11 to
34, 36 to 46 & 48, 49 & 51 to 62
RR-10, 35, 47 & 50 – Died
JUDGMENT
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Assailing the judgment in and by which the respondents, who were
accused in S.C. No.8 of 2008 on the file of the Principal Sessions Judge,
Dharmapuri, were acquitted of the charges framed against them, the present
appeal has been filed by the prosecution.
2. The respondents along with other accused were charged and tried for
the following offences :-
S. No. Array of Accused Section of Offence Charged
1 A-1 to A-71 Section 147 IPC
2 A-1 to A-4, A-8 to A-11, A-
14 to A-16, A-18, A-19, A- Section 148 IPC
22, A-25, A-28, A-36, A-38,
A-41, A-42, A-44, A-47, A-
51, A-58 to A-61
3 A-1 Section 307 IPC
4 A-2 to A-71 Section 307 r/w 149 IPC
5 A-2 Section 307 IPC
6 A-1, A-3 to A-71 Section 307 r/w 149 IPC
7 A-1 & A-2 Section 3 (2)(v) of SC/ST (PoA) Act
8 A-3 to A-71 Section 3 (2)(v) of SC/ST (PoA) Act
r/w Section 149 IPC
9 A-1 to A-71 Section 3 (1) of TNPPDL Act
10 A-1 to A-71 Section 3 (1)(x) of SC/ST (PoA) Act
11 A-1 to A-71 Section 3 (1)(vii) of SC/ST (PoA) Act
12 A-4, A-5, A-10, A-51, A-59 Section 3 (1)(iii) of SC/ST (PoA) Act
to A-62
13 A-1 to A-3, A-6 to A-9, A- Section 3 (2)(v) of SC/ST (PoA) Act
11, A-50, A-52 to A-58 & A-
59 to A-71
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14 A-1 to A-71 Section 3 (1)(v) of SC/ST (PoA) Act
15 A-2, A-3, A-5, A-8 & A-9 Section 323 IPC
16 A-1, A-4, A-6, A-7, A-10 to Section 323 r/w 149 IPC
A-71
17 A-5, A-49, A-50 & A-51 Section 323 IPC
18 A-1 to A-4, A-6 to A-48, A- Section 323 r/w 149 IPC
52 to A-71
3. After trial, the court below found that the prosecution has not proved
the case against the accused and, accordingly, acquitted them of all the charges
framed. Aggrieved by the said acquittal, the prosecution/appellant is before this
Court by filing the present appeal.
4. It is the case of the prosecution that in continuation of the quarrel that
ensued between the accused and the prosecution witnesses relating to
panchayat elections in which the statute of Ambedkar was damaged, the accused
and the prosecution witnesses entered into a fight on 16.10.2001 at 5.00 p.m.
which was continued at 10.00 a.m. on 17.10.2001 in which the accused attacked
the prosecution witnesses and with an intention to cause grievous hurt, the
accused, forming themselves into a group, attacked the prosecution witnesses
with various dangerous weapons and also castigated the prosecution witnesses
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by using caste name against them with a common intention to cause grievous
hurt and with an intention to do away with the prosecution witnesses. In
consequence of the said attack, upon the complaint, Ex.P-1, being laid by P.W.1,
the Inspector of Police received the said complaint and registered a case and
prepared Ex.P-74, printed FIR.
5. Upon receipt of the printed FIR, on the basis of the orders of the District
Collector, P.W.86, the Deputy Superintendent of Police, took up investigation and
reached the scene of occurrence and prepared observation mahazar, Ex.P-4 and
drew rough sketch, Ex.P-75. In the presence of witnesses, P.W.86 recovered the
weapons which were used in the commission of offence. P.W.86 examined the
witnesses and recorded their statements, who deposed that the accused had
damaged their belongings and their houses were set on fire and they were
castigated using their caste name. Upon the requisition of P.W.86, P.W.s 83, 84
and 85 issued caste certificate in respect of certain persons, who were attacked
by the accused.
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6. In the meantime, P.W.2 appeared before P.W.82, the Doctor for taking
treatment for the injuries sustained by him in the commotion between the
accused and the witnesses. At the time of treatment, P.W.2 informed P.W.82
that he was attacked by four persons and the doctor gave first aid for the injuries
sustained by P.W.2 and issued wound certificate Ex.P-71.
7. Continuing with the investigation, P.W.86, recovered the articles,
alleged to have been damaged by the accused which were dumped in the well
and after visiting the scene of occurrence, preparing the rough sketch and seizing
the articles damaged by the accused under seizure mahazar, Exs.P-5 to P-70,
completing the investigation, P.W.86 filed the final report against the accused for
the various offences aforesaid.
8. Before the trial court, to establish the case against the accused, the
prosecution examined P.W.s 1 to 86, marked Exs.P-1 to P-76 and marked M.O.s 1
to 127.
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9. The accused were questioned under Section 313 Cr.P.C. on the
incriminating circumstances appearing against them in the evidence of the
prosecution witnesses. They denied all the incriminating circumstances. No
defence witnesses were examined nor any written statement was filed.
10. The trial court, on consideration of oral and documentary evidence
and other materials, acquitted the accused of all the charges framed against
holding that the prosecution has not proved its case as against the accused.
Aggrieved by the said acquittal, the appellant has filed the present appeal.
11. Learned Addl. Public Prosecutor appearing for the appellant submitted
that the findings recorded by the court below that there are discrepancies in the
evidence of the witnesses is wholly unsustainable. It is the submission of the
learned Addl. Public Prosecutor that minor contradictions have been blown out
of proportion by the trial court to acquit the accused.
12. It is the further submission of the learned Addl. Public Prosecutor that
the statement of the injured witnesses and the attack by the accused have been
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amply corroborated through the evidence of the doctor, P.W.82, who examined
P.W.2 and issued wound certificate, Ex.P-71. It is the further submission of the
learned Addl. Public Prosecutor that the evidence of the witnesses have
corroborated each other and that they are natural, cogent and trustworthy.
13. It is the further submission of the learned Addl. Public Prosecutor that
the court below had discussed selective evidence to acquit the accused without
going through the disinterested testimony of the other witnesses and has not
paid serious attention to the materials available on record. It is the further
submission that the ocular testimony coupled with the documentary evidence
and the material objects, which were seized by P.W.86 clearly prove that there
was an attack perpetrated by the accused on the witnesses, who belong to
depressed community. However, without properly appreciating the same, the
court below has acquitted the accused on flimsy grounds and the said findings
deserve to be set aside by this Court.
14. Per contra, learned counsel appearing for the accused submitted that
the judgment of acquittal passed by the trial court is just and proper. It is the
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submission of the learned counsel that in case of an appeal against an order of
acquittal, the appellate court should be slow in interfering with the said acquittal
unless the prosecution is able to establish that the judgment of the trial court
suffers with perversity and is based on non-appreciation of evidence.
15. It is the further submission of the learned counsel that the whole case
of the prosecution is predicated upon the rift which occurred between the
accused group and the prosecution group in the context of the election and the
occurrence is initially said to have taken place on 16.10.2011 at 5.00 p.m., which
was continued on 17.10.2011 at 10.00 a.m. However, the said version projected
by the prosecution was not accepted by the court below reasoning that on the
day, police officials were on duty in relation to the conduct of the elections and if
really any untoward incident had occurred on 16.10.2011, definitely, the police
authorities guarding the election would have filed a complaint. However, in the
absence of any complaint, the case projected by the prosecution has been rightly
rejected by the trial court, as the court had come to a conclusion that the
incidence of the election attack between the parties had been the reason for the
complaint. The said reason is based on proper findings on the materials available
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and merely because another view is possible, this Court shall not substitute the
view to that of the trial court.
16. It is the further submission of the learned counsel that though grievous
attack is alleged to have been perpetrated against the prosecution witnesses by
the accused, yet, only P.W.2 had visited the doctor, P.W.82, who had issued the
wound certificate Ex.P-71, which certificate also does not show the grievous
injuries, in line with the deposition of the witnesses. In the absence of any
grievous injury as spoken to by the witnesses and the same not being
corroborated through documentary evidence in the form of wound certificate or
accident register, the case projected by the prosecution is doubtful, as the
alleged continuation of incident is nothing but an act of the prosecution to vent
their ire against the accused pursuant to the elections.
17. It is the submission of the learned counsel that there are very many
contradictions in the evidence of the witnesses, which have been rightly
appreciated by the court below while coming to the conclusion that the
prosecution has not proved the case beyond reasonable doubt and had acquitted
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the accused and when the presumption lies very much in favour of the
accused/respondents herein, in the absence of any strong and undeniable
material, which conclusively point the finger on the accused and also establish
the commission of the crime, this Court shall not interfere with the order of
acquittal passed by the trial court.
18. This Court gave its anxious consideration to the submissions advanced
by the learned counsel appearing on either side and perused the materials
available on record.
19. Time and time again, the scope and power of the High Court to
interfere with an order of acquittal recorded by the trial court has been
highlighted by the Supreme Court and recently in Babu Sahebagouda
Rudragoudqr & Ors. – Vs – State of Karnataka (C.A. No.985/2010 – Date –
19.04.2024), the Supreme Court had captured the ratio succinctly, which have to
be followed in an appeal against an order of acquittal and for refreshing the law,
the same is quoted hereunder :-
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37. This Court in the case of Rajesh Prasad v. State of
Bihar and Anr. (2022 (3) SCC 471) encapsulated the legal
position covering the field after considering various earlier
judgments and held as below: -
“29. After referring to a catena of judgments, this Court
culled out the following general principles regarding the
powers of the appellate court while dealing with an appeal
against an order of acquittal in the following words:
(Chandrappa case [Chandrappa v. State of Karnataka, (2007)
4 SCC 415]
“42. From the above decisions, in our considered
view, the following general principles regarding
powers of the appellate court while dealing with an
appeal against an order of acquittal emerge:
(1) An appellate court has full power to review,
reappreciate and reconsider the evidence upon which
the order of acquittal is founded.
(2) The Criminal Procedure Code, 1973 puts no
limitation, restriction or condition on exercise of such
power and an appellate court on the evidence before it
may reach its own conclusion, both on questions of
fact and of law.
(3) Various expressions, such as, “substantial and
compelling reasons”, “good and sufficient grounds”,
“very strong circumstances”, “distorted conclusions”,
“glaring mistakes”, etc. are not intended to curtail
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extensive powers of an appellate court in an appeal
against acquittal. Such phraseologies are more in the
nature of “flourishes of language” to emphasise the
reluctance of an appellate court to interfere with
acquittal than to curtail the power of the court to
review the evidence and to come to its own conclusion.
(4) An appellate court, however, must bear in mind
that in case of acquittal, there is double presumption in
favour of the accused. Firstly, the presumption of
innocence is available to him under the fundamental
principle of criminal jurisprudence that every person
shall be presumed to be innocent unless he is proved
guilty by a competent court of law. Secondly, the
accused having secured his acquittal, the presumption
of his innocence is further reinforced, reaffirmed and
strengthened by the trial court.
(5) If two reasonable conclusions are possible on
the basis of the evidence on record, the appellate court
should not disturb the finding of acquittal recorded by
the trial court.”
38. Further, in the case of H.D. Sundara & Ors. v. State of
Karnataka (2023 (9) SCC 581) this Court summarized the
principles governing the exercise of appellate jurisdiction while
dealing with an appeal against acquittal under Section 378 of
CrPC as follows: -
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“8.1. The acquittal of the accused further
strengthens the presumption of innocence;
8.2. The appellate court, while hearing an appeal
against acquittal, is entitled to reappreciate the oral
and documentary evidence;
8.3. The appellate court, while deciding an appeal
against acquittal, after reappreciating the evidence, is
required to consider whether the view taken by the
trial court is a possible view which could have been
taken on the basis of the evidence on record;
8.4. If the view taken is a possible view, the
appellate court cannot overturn the order of acquittal
on the ground that another view was also possible;
and
8.5. The appellate court can interfere with the
order of acquittal only if it comes to a finding that the
only conclusion which can be recorded on the basis of
the evidence on record was that the guilt of the
accused was proved beyond a reasonable doubt and
no other conclusion was possible.”
39. Thus, it is beyond the pale of doubt that the scope of
interference by an appellate Court for reversing the judgment
of acquittal recorded by the trial Court in favour of the
accused has to be exercised within the four corners of the
following principles:-
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(a) That the judgment of acquittal suffers from
patent perversity;
(b) That the same is based on a
misreading/omission to consider material evidence on
record;
(c) That no two reasonable views are possible and
only the view consistent with the guilt of the accused is
possible from the evidence available on record.
40. The appellate Court, in order to interfere with the
judgment of acquittal would have to record pertinent findings
on the above factors if it is inclined to reverse the judgment of
acquittal rendered by the trial Court.”
(Emphasis Supplied)
20. Thus, from the aforesaid proposition of law, it is beyond a cavil of
doubt that the power of this Court is not curtailed or limited, as it is within its
realm to reappreciate the evidence available on record to render a finding.
However, in reappreciating the evidence, this Court has to see whether the view
taken by the trial court could not be taken by any prudent man on appreciating
the materials available before it. If the view taken by the trial court, considered
overall on the materials placed, is just and reasonable that the view taken by the
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trial court is on proper appreciation of the materials, the High Court cannot
interfere with the acquittal on the ground that another view is possible.
21. In light of the above legal principles enunciated by the Apex Court, this
Court will now proceed to analyse the evidence on record to find out whether
the view arrived at by the trial court is based on the materials available on
record.
22. The weight of the evidence which had prevailed upon the trial court to
return a verdict of acquittal is based on the evidence of P.W.86, the investigating
officer, who had deposed that on 16.10.2021, on the date when the panchayat
election was held, caste conflict arose between the two groups and as a
consequence thereof, the complaint was laid by P.W.1 on the next day, viz.,
17.10.2021. The FIR had come to be registered based on the said complaint.
23. However, what has weighed more with the court below is that it is the
specific case of the prosecution that the occurrence had taken place on
16.10.2011 at 5.00 p.m.. However, it is the evidence of P.W.80, the polling
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station officer, that no incident had taken place as alleged and that at the polling
station, the police personnel, who were on duty, had removed the 10 persons,
who had created some problem and that the polling got completed by 5.30 pm.
24. The trial court had further held that in the absence of any complaint
laid by P.W.80 to the effect that some caste clash took place at the occurrence
place, which is outside the polling booth, the occurrence, as projected by the
prosecution could not have taken place. Though P.W.45 had deposed that the
occurrence took place about 200 meters from the polling booth, however, the
said deposition pales into insignificance and cannot form the basis of holding that
such an incident had taken place for the reason that had such an incident taken
place, definitely, a complaint would have been lodged by the polling officials or
the police personnel, who were on duty with regard to the election. However, no
such incident had either been reported nor any complaint had been lodged in
that regard.
25. Further, the evidence of P.W.36 with regard to his approaching the
police to lodge the complaint and also the evidence of P.W.79, the Village
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Administrative Officer, who had deposed that he had gone on the very same day,
viz., 16.10.2021 at 6.30 p.m. to assess the damage caused but in cross had
deposed that he had not reported the same to the police authorities are squarely
against the evidence of P.W.80, the polling official and the said contradiction in
the evidence of the prosecution hits at the substratum of the case of the
prosecution and all the aforesaid materials have been considered by the trial
court in prospective perspective to come to the conclusion that the prosecution
has not proved the case against the accused.
26. Further, the doctor, P.W.82, who had treated P.W.2 and had issued the
accident register, Ex.P-71 has noted the injuries suffered by P.W.2. In the said
accident register, P.W.2 had informed the doctor that he was attacked by four
persons, however, P.W.2 has not stated that he was attacked in a caste clash
between two groups, where number of persons had attacked the prosecution
witnesses. The wound certificate runs counter to the deposition of P.W.2 and
also Ex.P-1 complaint with regard to the caste clash.
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27. On the whole, there are very many contradictions and loopholes in the
theory projected by the prosecution and considering all the above, the trial court
had acquitted the accused and the presumption being heavily in favour of the
respondents and no material contradicting the above having been placed by the
appellant, the findings recorded by the court below are just and reasonable.
28. The judgment of the trial court neither suffers from patent perversity
nor the same is based on proper consideration of material evidence on record
and the aforesaid materials have been rightly analysed by the Court below for
acquitting the accused and, therefore, no interference is warranted with the well
considered judgment recorded by the court below. Accordingly, the appeal fails
and the same is dismissed.
04.06.2024
Index : Yes / No
GLN
To
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1. The Principal Sessions Judge
Dharmapuri.
2. The Public Prosecutor
High Court, Madras.
3. The Deputy Superintendent of Police
Harur Sub Division
Dharmapuri District
Pappyreddypatti P.S.
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M.DHANDAPANI, J.
GLN
CRL. A. NO. 436 OF 2021
04.06.2024
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