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2016 Supreme(Mad) 1849
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.NAGAMUTHU And V.BHARATHIDASAN, JJ.
Dhanakandhan (A3) - Appellants
Vs.
State by The Inspector of Police, Neyveli Town Police Station – Respondent
Criminal Appeal Nos.163, 177, 190, 193, 207 & 208 of 2014
Decided On : 30-06-2016
For the Appellant : Crl.A. Mr.R.Sankarasubbu for A4 Mr.P.Kumaresan for A3 Mr.K.Gandhi Kumar for A7, Mr.B.Kumar, Mr.N.Sudharsan for A6, Mr.S.Ashok Kumar SC for Mr.P.Palaninathan for A1&A8, Mr.K.Arun Pradeesh for A2 Mr.S.Saravana Kumar for A9 Mr.S.Ashok Kumar SC for Mr.P.Palaninathan for A10 Mr.A.Arasu Ganesan for A11
For the Respondent: Mr.M.Maharaja Additional Public Prosecutor
Headnote:
Indian Penal Code,1860 - Sections 341 and 302 - TNPPDL Act - Section 148 – Appeal Against conviction - First accused and deceased were arch rivals post of Village President for village was reserved for Scheduled Caste - In election held few years before occurrence two candidates belonging to Scheduled Caste contested in election deceased supported one candidate and opposite candidate was supported by first accused - In said election candidate supported by deceased won. This had developed into a motive - On connection with a quarrel on account of grazing of goats in the sugarcane field there was a complaint and a counter complaint between first accused and deceased - This has further aggravated the enmity between them - Held, Court have found that these two witnesses can be believed as against alone - Principle falsest in uno falsest in omnibus has not been recognized by Indian Courts - In Indian scenario law is if Court is able to separate grain from chaff there is no legal impediment for Court to act upon grain - In instant case by doing said exercise court are able to separate grain from evidences of P.Ws.1 and 2 and other evidences – Court have found from these evidences presence and participation of accused prosecution has thus proved beyond any doubt that A1 to A3 wrongfully restrained deceased and caused his death - Therefore accused 1 to 3 are liable for punishment – Appeal Allowed
S.Nagamuthu, J.
The appellants in Crl.A.No.163 of 2014 are the accused Nos.3, 4 and 7; the appellant in Crl.A.No.177 of 2014 is accused No.6; the appellants in Crl.A.No.190 of 2014 are the accused Nos.1, 2 and 8; the appellant in Crl.A.No.193 of 2014 is accused No.9; the appellant in Crl.A.No.207 of 2014 is accused No.10 and the appellant in Crl.A.No.208 of 2014 is accused No.11 in S.C.No.217 of 2007 on the file of the learned III Additional District and Sessions Judge, Cuddalore at Virudhachalam. The 5th accused was one Mr.Thoppiyan @ Dharmaraj, he died during the trial of the case and thus the charges against him stood abated. The trial Court framed as many as ten charges against the above stated 11 accused as detailed below:
Serial Number of charge
Charges framed against
Charges framed under Section
1
A1 to A11
120(B) of IPC
2
A1 to A11
148 of IPC
3
A1 to A11
341 of IPC
4
A1 to A4, A7 & A9
302 of IPC
5
A5 to A8, A10 & A11
302 r/w 149 of IPC
6
A5
326 of IPC
7
A4
324 of IPC
8
A6 & A8
307 of IPC
9
A10 to A11
294(b) of IPC
10
A1 to A11
3(2) of TNPPDL Act
By judgment dated 18.03.2014, the trial Court convicted these appellants / accused 1 to 4 and 6 to 11 for various offences as detailed below:
Rank of the Accused
Penal provisions
under which convicted
Sentence
A1
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A2
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A3
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A4
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A6
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 r/w 149 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A7
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A8
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 r/w 149 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A9
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A10
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 r/w 149 of I.P.C.
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonment for two years.
A11
148 of IPC
Rigorous Imprisonment for two years
341 of IPC
Rigorous Imprisonment for one month
302 r/w 149 of I.P.C
Imprisonment for life and to pay a fine of Rs.1000 in default to undergo rigorous imprisonme
