Palani @ Palanikumar vs The State Through
2025 Latest Caselaw 5750 Mad

Madras High Court

Palani @ Palanikumar vs The State Through on 7 April, 2025

                                                                                 Crl.A.(MD).Nos.216 & 250 of 2018


                         EFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         Reserved On             :    09.12.2024
                                        Pronounced On            :     07.04.2025

                                                        CORAM:

                           THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

                                        Crl.A(MD)Nos.216 & 250 of 2018

                     Palani @ Palanikumar                        .. Appellant/Accused No.1
                                                                 (in Crl.A(MD)No.216 of 2018)

                     Sivaraman                                   .. Appellant/Accused No.3
                                                                 (in Crl.A(MD)No.250 of 2018)

                                                      Vs.

                     The State through,
                     The Assistant Commissioner of Police, (Law & Order)
                     Tallakulam, Madurai Town,
                     D2 Sellur Police Station.
                     (In Crime No.329 of 2016)
                                                         .. Respondent/Complainant
                                                                (in both cases)
                     Common Prayer: Criminal Appeals have been filed under Section
                     374(3) of the Criminal Procedure Code, to call for the records of the case
                     in Special Sessions Case No.82 of 2017 on the file of the III Additional
                     District and Sessions Court (PCR), Madurai, dated 18.04.2018, and set
                     aside the conviction and sentence passed by the III Additional District
                     and Sessions Court (PCR), Madurai, and acquit the Appellants/Accused
                     Nos.1 & 3.



                     1/12




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                                                                                       Crl.A.(MD).Nos.216 & 250 of 2018


                                        For Appellants          : Mr.M.Kannan

                                        For Respondent          : Mr.P.Meenakshi Sundaram,
                                                                  Additional Public Prosecutor


                                                  COMMON JUDGMENT

Since these criminal appeals are arising out of the same Crime

No.329 of 2016, these cases are taken up for hearing together and

disposed of by way of this common judgment.

2.. The learned III Additional District and Sessions Court (PCR),

Madurai, conducted a trial in Special Sessions Case No.82 of 2017 and

passed the following conviction and sentence:

Sl.N Crl.A. Accused Conviction Sentence o No. Name and under Section Rank in Sp.S.C.No.82 of 2017 1 216 of Palani @ 148 of IPC To undergo rigorous 2018 Palanikumar imprisonment of one year (A1) and to pay a fine of Rs.500/- in default to undergo seven days of Simple imprisonment 324 r/w 149 of To undergo rigorous IPC imprisonment for one year and to pay a fine of Rs.

1,,000/- in default to undergo simple imprisonment for one month

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323 r/w 149 of To undergo rigorous IPC imprisonment for six months and to pay a fine of Rs.250/- in default to undergo simple imprisonment for seven days.

2. 250 of Sivaraman 147 of IPC, To undergo rigorous 2018 (A3) imprisonment of six months and to pay a fine of Rs.250/- in default to undergo seven days of Simple imprisonment 324 r/w 149 of To undergo rigorous IPC, imprisonment for one year and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for one month 323 r/w 149 of To undergo rigorous IPC, imprisonment for six months and to pay a fine of Rs.250/- in default to undergo simple imprisonment for seven days

3.The brief facts of the case:-

The brother of the defacto complainant was studying 12th standard

at the time of occurrence. One week prior to the occurrence dated

18.02.2016, when the brother of the defacto complainant was getting into

a bus for going to school, the appellants and the other accused have

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unlawfully assembled with deadly weapons and abused and assaulted the

brother of the defacto complainant by using his caste name. On knowing

the said occurrence, they lodged a complaint before the Sellur Police

Station. Due to that motive, on 18.02.2016, at about 03.30, when the

defacto complainant, his sister and the victim, who is the brother of the

defacto complainant were standing near Shanthi Vidyalaya School,

Nehru Nagar, Vilangudi, the accused persons came there and abused

them by using their caste name and assaulted them with a wooden log

and stones and caused injuries. Hence, P.W.10 made a complaint before

the respondent police. P.W.8 registered the same in Crime No.329 of

2016 for the offences under Sections 147, 341, 323, 336, 294(b), 506(2)

of IPC and Section 3(1)(10) SC/ST Act.

3.1 After the investigation, P.W.8 filed a final report before the III

Additional District and Sessions Court (PCR), Madurai and the same was

taken on file in Spl.S.C.No.32 of 2017.

3.2 After appearance of the accused, copies of records were

furnished to them under Section 207 Cr.P.C. The learned Sessions Judge,

on perusal of records and on hearing both sides and being satisfied that

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there existed a prima facie case against the accused/appellants, framed

charges for the offences under Sections 147, 341, 323, 294(b), 506(2)

and Section 3(1)(x) of SC/ST Act against A1 and 147, 341, 323, 336,

294(b), 506(2) and Section 3(1)(x) of SC/ST Act, against A2 to A5, and

the same were read over and explained to them and on being questioned,

the accused/appellants denied the charges and pleaded not guilty and

stood for trial.

3.3. The prosecution, in order to prove its case, had examined 17

witnesses as P.W.1 to P.W.13 and exhibited 19 documents as Ex.P.1 to

Ex.P.19 and 2 material objects were marked as MO.1 and MO.2. On the

side of the appellants no witness was examined and no document was

marked.

3.4.The learned trial Judge after considering the oral and

documentary evidence, acquitted the appellants under Section 3(1)(r) &

3(1)(s) of SC/ST Act and 506(ii) r/w Section 3(2)(v)(a) of SC/ST Act,

and convicted the appellant in Crl.A(MD)No.216 of 2018 for the offence

under Sections 148, 324 r/w 149 of IPC, 323 r/w 149 of IPC and Section

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3(1)(x) SC/ST Act, and also convicted the appellant in Crl.A(MD)No.250

of 2018 for the offence under Sections 147, 324 r/w 149 of IPC, 323 r/w

149 of IPC and Section 3(1)(x) SC/ST Act, by the impugned order dated

18.04.2018 and sentenced them as stated above.

4.Aggrieved over the same, the appellants filed these appeals on

the grounds stated in the memorandum of grounds of appeals.

5. The learned counsel for the appellants submitted that the learned

trial Judge acquitted the accused under Section 3(1)(r) & 3(1)(s) of

SC/ST Act and 506(ii) r/w Section 3(2)(v)(a) of SC/ST Act, ought not to

have convicted the appellants under Section 324 of IPC on the basis of

the evidence of P.W.1 and P.W.2 without any corroboration of the

independent witness. Further, submitted no corresponding medical

evidence is available to convict the appellants under Section 324 of IPC.

He further submitted that there is no material to convict the appellants

under the above said convicted offences. Hence, he prayed to allow these

appeals by setting aside the conviction and sentence passed by the

learned Sessions Judge.

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6. The learned Additional Public Prosecutor submitted that P.W.1

& P.W.2 clearly deposed about the unlawful assembly of the accused and

injuries caused by them. Hence, the learned trial Judge correctly

convicted the appellants.

6.1. He further submitted that the evidence of P.W.1 and P.W.2 are

corroborated by the medical evidence of P.W.9. Therefore, the allegation

against the appellants that they along with other accused assaulted P.W.1

and P.W.2 has been proved beyond reasonable doubt and hence, the

conviction and sentence imposed by the Court below is liable to be

confirmed.

7. This Court has considered the rival submission and also perused

the entire records and the impugned judgment.

8. P.W.1 and P.W.2 clearly deposed that on 18.02.2016 at 03.30

p.m, when both were standing near Shanthi Vidyalaya School Nehru

Nagar at Madurai to Vilankudi Road, the juvenile accused in

Crl.A(MD)No.216 of 2018 namely, Palani @ Palanikumar and other 5

persons assaulted P.W.1, P.W.2 & P.W.10 with a wooden log and also

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threw stones on them. In that process, P.W.2 and P.W.10 sustained

injuries and P.W.10/defacto complainant was taken to the hospital. P.W.

9, the Doctor deposed that P.W.10 was admitted in the hospital and he

gave treatment to him and also produced Accident Register. In the

Accident Register, it is stated that the injuries sustained by P.W.10 were

simple injuries and the same was marked as Ex.P.10. From the evidence

of P.W.1, P.W.2 and P.W.9, the prosecution clearly proved the injuries

caused by the appellants. Even though P.W.1 and P.W.2 were subjected to

cross examination, nothing was elicited to disbelieve their evidence.

Even in the cross-examination, they reaffirmed the assault made by the

appellants with a wooden log and stones.

9. In the said circumstances, this Court finds no reason to

disbelieve the evidence of the injured witnesses. When the independent

witness deposed about the injuries caused by the appellants and the same

corroborated with the medical evidence of P.W.9, the prosecution clearly

proved the charges beyond reasonable doubt. Hence, this Court finds no

ground to interfere with the conviction and sentence passed by the

learned trial Judge.

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10. The learned counsel for the appellants prayed to reduce the

default sentence by considering the age of the appellants.

11. At that time, the learned Additional Public Prosecutor

submitted that the appellant in Crl.A(MD)No.216 of 2018 namely, Palani

@ Palanikumar is having 14 previous cases and the appellant in

Crl.A(MD)No.280 of 2018 namely, Sivaraman is having 8 previous

cases. Further, to that effect, he also produced the details of the same,

which are as follows:-

Palani @ Palanikumar-A1:-

                         S.N Crime Number                                                offences
                         o
                         1.        Crime No.472 of 2015          307, 392, 394 @ 307, 34, 392, 394,

(Samayanallur Police Station) 34 of IPC

2. Crime No.595 of 2018 294(b), 323, 506(ii) of IPC (Koodalpudur Police Station) 3 Crime No.295 of 2018 294(b), 323, 324, 506(ii) of IPC (Koodalpudur Police Station)

(Koodalpudur Police Station)

(Koodalpudur Police Station)

(Koodalpudur Police Station)

(Koodalpudur Police Station)

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8 Crime No.219 of 2016 147, 148, 323, 324, 341, 392, (Koodaludur Police Station) 506(ii) of IPC 3(1)(x) SC/St Act @ 147, 148, 323, 324, 341, 379, 506(ii) of IPC & 3(2)(VI) SC/St Act 9 Crime No.624 of 2015 294(b), 324, 506(ii) of IPC @ (Koodalpudur Police Station) 294(b), 324, 34, 506(ii) of IPC

(Koodalpudur Police Station) 11 Crime No.599 of 2014 147, 148, 294(b), 324, 427, 447, (Koodalpudur Police Station) 506(ii) IPC and 4 of TNPWH Act 12 Crime No.193 of 2024 8(c) r/w 20(b) II(A) NDPS Act (Madurai City Prohibition Police Station)

(Subramaniyapuram Crime Branch Police Station) 14 Crime No.282 of 2016 379 of IPC @ 34, 379, 392 IPC (Thilagar Thidal Crime Branch Police Station)

Sivaraman-A3:-

S.No Crime Number offences

1. Crime No.619 of 2024 75 of TNCP Act (Koodalpudur Police Station)

(Koodalpudur Police Station)

(Koodalpudur Police Station)

(Koodalpudur Police Station)

(Koodalpudur Police Station)

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6 Crime No.295 of 2018 294(b), 323, 324, 506(ii) IPC @ (Koodalpudur Police Station) 294(b), 323, 326, 34, 506(ii) IPC 7 Crime No.906 of 2017 147, 148, 294(b), 323, 324, 341, (Koodalpudur Police Station) 506(ii)IPC 8 Crime No.219 of 2016 147, 148, 323, 324, 341, 392, (Koodalpudur Police Station) 506(ii) IPC, 3(1)(x) SC/ST Act @ 147, 148, 323, 324, 341, 379, 506(ii) IPC, 3(2)(VI) SC/ST Act

12. In view of the above, this Court is unable to accept the

argument of the learned counsel for the appellant for reducing the

sentence.

13. Accordingly, the Criminal appeals are dismissed. The

conviction and sentence passed by the III Additional District and

Sessions Court (PCR), Madurai, in Spl.S.C.No.82 of 2017, dated

18.04.2018, is hereby confirmed. Bail bond executed by the appellant,

shall stand cancelled. The learned trial Judge is directed to secure the

appellant to undergo remaining period of the sentence of imprisonment.

                                                                                                07.04.2025
                     NCC                : Yes / No
                     Index              : Yes / No
                     Internet           : Yes / No
                     dss






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                                                                                 Crl.A.(MD).Nos.216 & 250 of 2018



                                                                          K.K.RAMAKRISHNAN, J.

                                                                                                             dss

                     To

1. The III Additional District and Sessions Court (PCR), Madurai.

2. The Assistant Commissioner of Police, (Law & Order) Tallakulam, Madurai Town, D2 Sellur Police Station.

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

4.The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.

Judgment made in Crl.A(MD)Nos.216 & 250 of 2018

07.04.2025

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