Madras High Court
T.Selvakumar vs The Deputy Superintendent Of Police on 3 January, 2025
CRL.A(MD).No.191 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 03.01.2025
CORAM
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CRL.A(MD).No.191 of 2023
1.T.Selvakumar
2.S.Padma @ Padmavathi ... Appellants
Vs.
1.The Deputy Superintendent of Police,
Kanyakumari Sub Division,
Thenthamaraikulam Police Station,
Kanyakumari District.
(Crime No.106 of 2015)
2.Ananth ... Respondents
Prayer : This Criminal Appeal is filed under Section 374(2) of Cr.P.C., to
call for the records of the judgment dated 24.02.2023 in S.C.No.137 of
2015 on the file of the learned II Additional District and Sessions Judge
(PCR), Tirunelveli, in Crime No.106 of 2015 on the file of the respondent
Police and set aside the same and acquit the appellants/Accused No.1 and
2.
For Appellants : Ms.Seeni Syed Amma
for M/s.Lajapathi Roy and Associates
1/10
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CRL.A(MD).No.191 of 2023
For Respondent : Mr.M.Sakthi Kumar (for R1)
Government Advocate (Crl. Side)
Mr.S.Sivakumar (for R2)
Legal Aid Counsel
JUDGMENT
This appeal has been filed to set aside the judgment passed in
S.C.No.137 of 2015 on the file of the learned II Additional District and
Sessions Judge (PCR), Tirunelveli, dated 24.02.2023.
2.The appellants are Accused No.1 and 2 in S.C.No.137 of 2015 on
the file of the learned II Additional District and Sessions Judge (PCR),
Tirunelveli, has filed this appeal challenging the conviction passed against
the appellants for the offences under Section 341 of IPC and sentenced
them to undergo one month SI and to pay a fine of Rs.500/- in default to
undergo one week SI and for the offence under Section 307 of IPC
sentenced to A1 (two counts) to undergo 5 years Rigorous Imprisonment
and to pay a fine of Rs.1,000/- each in default to undergo six months
simple Imprisonment and for the offence under Section 307 IPC r/w 34
IPC (2 counts), sentenced to A2 (two counts) to undergo 5 years Rigorous
Imprisonment and to pay a fine of Rs.1,000/- each in default to undergo six
months simple Imprisonment, by the impugned judgment dated
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24.02.2023.
3. Prosecution Case:-
According to the prosecution, on 30.03.2015 at about 06.00 p.m.,
when the second appellant/A2 was taking a bath, the brother-in-law of the
second respondent had stalked her and acted as a peeping tons. Hence,
there was a quarrel arose between them and A1 said to have attacked the
second respondent/defacto complainant and abused them in their
community name. The defacto complainant gave a complaint to the
respondent Police, based on which, the respondent Police registered a case
in Crime No.106 of 2015 for the offences under Sections 341, 294(b), 326,
307, 506(ii) and 352 of IPC and Sections 3(2)(v) and 3(1)(x) of SC/ST
(POA) Act. The investigating officer conducted the investigation and
arrested the accused and collected the materials and filed the final report.
The same was taken on the file in P.R.C.No.13 of 2015, by the learned
Judicial Magistrate No.III, Nagercoil.
4.On appearance of the appellant, copies of documents relied by the
prosecution were furnished to the accused under section 207 of Cr.P.C. The
learned Judicial Magistrate No.III, Nagercoil, committed the case to the
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Special Court and the case was taken on file in S.C.No.137 of 2015 by the
learned II Additional District and Sessions Judge (PCR), Tirunelveli. Then,
he framed necessary charges and questioned the accused. The accused
denied the charges and pleaded not guilty and stood for trial.
5.To prove the case, the prosecution examined P.W.1 to P.W.20 and
exhibited 28 documents as Ex.P.1 to Ex.P.28 and produced 7 material
objects as M.O.1 to M.O.7. Thereafter, the appellants were questioned
under Section 313 Cr.P.C proceedings regarding the incriminating
evidence against them and they denied the same as false and thereafter, the
case was posted for evidence on the side of defence. The accused neither
produced any documents nor examined any witnesses on his side.
6.The learned trial Judge, on considering the evidence of witnesses
and documents, convicted and sentenced the appellant for the offence as
stated supra. Aggrieved over the same, the appellant preferred this appeal.
on the grounds stated in the memorandum of grounds of appeal.
7.Today (03.01.2025), when the matter is taken up for hearing, both
counsel on record would submit that they have already filed joint
compromise memo, which is extracted here under:-
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8.The contents of the above joint compromise memo were read over
and explained to both the parties and they would admit the same. The joint
compromise memo filed by both the parties is recorded.
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9.In view of the compromise made between the parties and
considering the fact that there are no bad antecedents against the
appellants, the offence under Section 307 of IPC stands compounded as
per the judgment of the Hon'ble Supreme Court in the case of State of M.P.
vs. Laxmi Narayan reported in (2019) 5 SCC 688 and in the case of
Ramgopal vs State of M.P reported in 2022 (14) SCC 531, this Court is
inclined to compound the offence under Section 307 of IPC.
10.Accordingly, this Criminal Appeal is allowed with the following
directions:
10.1.The conviction and sentence imposed
by the learned II Additional District and Sessions
Judge (PCR), Tirunelveli, in S.C.No.137 of 2015,
dated 24.02.2023, is hereby set aside.
10.2.The accused is acquitted from all the
charges in S.C.No.137 of 2015, dated 24.02.2023,
passed by the learned II Additional District and
Sessions Judge (PCR), Tirunelveli. The
Superintendent, Central Prison, Palayamkottai,
Tirunelveli, is directed to release the first
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appellant/A1 forthwith. The Superintendent,
Central Prison (Women), Madurai, is directed to
release the second appellant/A2 forthwith
10.3.Fine amount paid by the appellants
shall be refunded to the appellant forthwith.
10.4.Bail bond executed by the appellants
shall stand cancelled.
03.01.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
vsg
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To
1.The learned II Additional District
and Sessions Judge (PCR),
Tirunelveli.
2.The Deputy Superintendent of Police,
Kanyakumari Sub Division,
Thenthamaraikulam Police Station,
Kanyakumari District.
3.The Superintendent,
Central Prison,
Palayamkottai,
Tirunelveli.
4.The Superintendent,
Central Prison (Women),
Madurai.
5. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
6.The Section Officer,
Criminal Section(Records),
Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN,J.
vsg
Order made in
03.01.2025
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