C.Moni vs The State Of Tamil Nadu
2025 Latest Caselaw 1271 Mad

Citation : 2025 Latest Caselaw 1271 Mad
Judgement Date : 21 July, 2025

Madras High Court

C.Moni vs The State Of Tamil Nadu on 21 July, 2025

                                                                                             Crl.R.C.(MD)No.684 of 2025



                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 21.07.2025

                                                               CORAM:

                                  THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                               Crl.R.C.(MD)No.684 of 2025
                                                           and
                                               Crl.M.P.(MD)No.7515 of 2025


                 C.Moni                                                                 ... Petitioner

                                                                   -vs-

                 The State of Tamil Nadu,
                 represented by Inspector of Police,
                 Pudhukadai Police Station,
                 Kanyakumari District.
                 (Crime No.123 of 2007)                                                 ... Respondent

                 PRAYER : Criminal Review Case filed under 438 r/w. 442 of BNSS, 2023,
                 to call for the records pertaining to the judgment in Crl.Appeal No.59 of
                 2013 dated 09.01.2025, on the file of the learned Additional Sessions
                 Judge, Kuzhithurai, confirming the sentence of conviction imposed by the
                 learned Assistant Sessions Judge, Kuzhithurai, in S.C.No.66 of 2008 dated
                 05.09.2013 and set aside the same.
                                  For Petitioner           : Mr.P.Hariprasad
                                  For Respondent           : Mr.M.Sakthi Kumar,
                                                             Government Advocate

                                                                ORDER

This Criminal Revision Case is filed, challenging the judgment

passed by the learned Additional Sessions Judge, Kuzhithurai, in C.A.No.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 02:57:28 pm )

59 of 2013, dated 09.01.2025, confirming the conviction and sentence

imposed by the learned Assistant Sessions Judge, Kuzhithurai, in S.C.No.

66 of 2008, dated 05.09.2013, by which the revision petitioner/A1 was

convicted for the offence under Section 307 IPC and sentenced to undergo

seven years of rigorous imprisonment and to pay a fine of Rs.2,000/-, in

default to undergo six months simple imprisonment and the second

accused/A2 was convicted for the offence under Section 307 IPC and

sentenced to undergo three years rigorous imprisonment and to pay a fine

of Rs.1,000/-, in default to undergo two months simple imprisonment. The

present revision is preferred only by the first accused.

Factual Matrix of the Case:-

The occurrence took place on 14.06.2007 at 12:00 p.m., at a burial

ground in Kaiyalavilai. The mother of P.W.2 Thangappan, namely

Chinnapillai, had passed away. P.W.2, along with P.W.1, P.W.3, P.W.4,

P.W.5, and one Prema, went in search of a burial site. While they were

attempting to dig a pit to bury the body, the first accused arrived at the

scene with a machete and objected to the burial. When P.W.2 insisted,

stating they intended to bury the deceased beside his father’s grave, the

first accused threatened P.W.2 saying, “you also go die,” and attacked him

multiple times with a machete (arival). Subsequently, the second accused

also attacked P.W.2 with a billhook (machete), causing multiple injuries.

The injured was taken to the hospital where P.W.3, the duty doctor, treated

https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 02:57:28 pm )

him and issued Ex.P2, the wound certificate, indicating one grievous injury

(fracture of right index finger) and ten other simple injuries. The first

information report was registered on 15.06.2007 at 00:30 hours in Crime

No.123 of 2007 for offences under Section 307 of IPC.

The learned Trial Court, after evaluating the evidence of P.W.1 to

P.W.9, concluded that the prosecution had established the case beyond

reasonable doubt. The testimonies of P.W.1 (wife of the injured), P.W.2

(injured victim), and P.W.3 (doctor) were found consistent and

corroborative. The injuries, particularly the grievous one, along with the

repeated assault and threatening statements made by the accused, were

held sufficient to infer the intention to commit murder, thus attracting

Section 307 of IPC. The learned Trial Court accordingly convicted both

accused and sentenced them. The learned Appellate Court in Criminal

Appeal No.59 of 2013, concurred with the findings of the learned Trial

Court. It held that the essential ingredients of Section 307 of IPC, namely

intention or knowledge and the nature of the act being sufficient to cause

death if not prevented, stood fully satisfied. The Court also addressed the

defence of enmity arising out of civil disputes and held that mere enmity is

not a ground to discard otherwise reliable and corroborated evidence,

particularly of the injured witness. The learned Appellate Court thus

dismissed the appeal and confirmed the conviction and sentence imposed

by the learned Trial Court.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 02:57:28 pm )

Grounds of Revision:-

The revision petitioner contended that there were material

contradictions in witness depositions. Recovery of weapons was not proved.

All eyewitnesses were related and no independent witnesses were

examined. The place of occurrence was not properly identified. P.W.3’s

wound certificate showed inconsistency in injury count. There was

previous enmity and possibility of false implication.

Discussion and Findings:-

This Court, being a revisional court, does not re-appreciate evidence

unless there is manifest illegality, perversity, or miscarriage of justice.

Upon perusal of the records and findings of the Courts below, this Court

finds that the injured witness (P.W.2) clearly deposed the overt acts of both

accused and his version was corroborated by P.W.1, P.W.4, P.W.5, and

medical evidence. P.W.3, the doctor, confirmed 11 injuries, one of which

was grievous. The argument that the place of occurrence was not proved is

without merit and the investigation was properly carried out and spot

inspection done. Minor contradictions in measurement of weapons or

number of people present are not material and do not shake the

prosecution’s core case. Recovery of weapons, though relevant, is not sine

qua non for conviction when eyewitness and medical evidence convincingly

prove the incident. The existence of civil disputes does not nullify the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/07/2025 02:57:28 pm )

evidence of injured witnesses, if found credible.

Conclusion:-

Both the Courts below have given concurrent findings of fact based

on cogent, corroborated, and credible evidence. This Court finds no

perversity or patent illegality in the said judgments. The grounds urged in

the Criminal Revision Case are factual in nature and have been thoroughly

considered and rightly rejected by the learned Trial Court and learned first

Appellate Court. This Court is not inclined to interfere with such well-

reasoned concurrent findings.

Result:-

This Criminal Revision Case is dismissed. The conviction and

sentence imposed on the revision petitioner by the Courts below are hereby

confirmed. The learned Trial Court is directed to take necessary steps for

securing the custody of the revision petitioner to serve the period of

sentence imposed on him. No Costs. Consequently, connected

miscellaneous petition is closed.





                                                                                                      21.07.2025
                 NCC      :Yes/No
                 Index :Yes/No
                 Internet : Yes
                 Mrn





https://www.mhc.tn.gov.in/judis                  ( Uploaded on: 28/07/2025 02:57:28 pm )





                 To