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2019 Supreme(Mad) 1857
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. VAIDYANATHAN, N. ANAND VENKATESH, JJ.
Sivasankaran & Others – Appellants
Versus
State represented by the Inspector of Police, Nainarkovil Police Station, Ramanathapuram – Respondents
Crl.A(MD)Nos. 425 to 428 of 2017 & Crl.M.P.(MD).No. 9809 of 2018
Decided on : 03-10-2019
For the Appellants :Gopalakrishna Lakshmana Raju, V. Kathirvelu, Senior Counsels R. Venkateswaran, K. Prabhu, R. Venkateswaran, Advocates.
For the Respondent: M. Chandrasekaran, Additional Public Prosecutor.
The prosecution has established the injury sustained by P.W.1 through A1 and the words uttered by A1 while attacking P.W.1 and the weapon used and the vital part at which the attack took place, clearly makes out an offence for attempt to murder punishable under Section 307 IPC.
Headnote:
Indian Penal Code-Section 147, 148, 307,302, 324 etc-The maxim falsus in uno, falsus in omnibus (false in one thing, false in every thing) is neither a sound rule of law nor a rule of practice. Hardly one comes across a witness whose evidence does not contain a grain of untruth or at any rate exaggerations, embroideries or embellishments. It is, therefore, the duty of the court to scrutinise the evidence carefully and, in terms of the felicitous metaphor, separate the grain from the chaff.
Statement of facts:
Previous enmity between the parties in construction of a Mariamman temple at Government poramboke land at Siruvayal Nadukkudiyiruppu Village. On 23.12.2009, at about 06.00 p.m., at Aranmanai Bus Stand, A12 is said to have instigated A1 and A8 to kill the deceased Murugesan. Pursuant to the said instigation, A1, A2, A8, A9, A10 and A11 are said to have joined together as an unlawful assembly with deadly weapons and they were also joined by A3 to A7 and at 7.00 p.m., on the southern side of the bus stop of Siruvayal Nadukkudiyiruppu, when P.W.1, the deceased Murugesan, P.W.4, P.W.5, P.W.6, P.W.7 and P.W.8 were catching fish, they were attacked
Finding of the court:
A1, A2, A9 and A10 are acquitted from the charges under Sections 147, 148, 302 r/w 149 IPC. The sentence imposed against these accused persons shall run concurrently and the period already undergone by the accused/appellants shall be set off under Section 428 Cr.P.C.-The bail bonds executed by A3 to A7, who are the appellants in Crl.A.(MD).No.427 of 2017 shall stand cancelled and the fine amount, if any, paid by them shall be refunded to them-A2, who is the appellant in Crl.A.(MD).Nos.426/2017 and A9 & A10, who are the appellants in Crl.A.(MD).No.425 of 2017 shall surrender before the learned Judicial Magistrate, Paramakudi forthwith- The bail bond executed by them shall stand cancelled.
Result: Crl.A.(MD).Nos. 425, 426 and 428 of 2017 are partly allowed
Crl.A.(MD).No.427 of 2017 is allowed
JUDGMENT :
S. Vaidyanathan, J. & N. Anand Venkatesh, J.
(Common Prayer: Appeals are filed under Section 374(2) of the Code of Criminal Procedure, against the Judgment of conviction and sentence, dated 31.08.2017, passed in S.C.No.3 of 2011 by the learned Additional District Judge (Fast Track Court), Paramakudi, and to acquit the accused/appellants from all the charges.)
1. The appellants, who were ranked as A1 to A10 before the trial Court have filed this Criminal Appeal against the judgment of the learned Additional District Judge (FTC), Paramakudi, dated 31.08.2017, made in S.C.No.3 of 2011, wherein the accused persons have been convicted and sentenced as follows:
| Sl.No. | Rank of the accused | Offence for which convicted | Sentence of imprisonment | Fine amount |
| 1. | A1 | Under Section 147 IPC | 1 year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
| Under Section 148 IPC | 3 years Simple Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment. | ||
| Under Section 307 IPC | 10 years Rigorous Imprisonment | Rs.3000/-, in default, to undergo 1 year Rigorous Imprisonment | ||
| Under Section 302 IPC | Life imprisonment | Rs.2,000/-, in default, to undergo six months Rigorous Imprisonment | ||
| 2. | A2 | Under Section 147 IPC | One year simple imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment | ||
| 3. | A3 to A7 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment | ||
| 4. | A8 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 324 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment | ||
| 5. | A9 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 324 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 326 IPC | Five years Rigorous Imprisonment | Rs.3000/-, in default, to undergo one year Rigorous Imprisonment | ||
| Under Section 302 r/w 149 IPC | Life Imprisonment | Rs.5000/-, in default, to undergo two years Rigorous Imprisonment | ||
| 6. | A10 | Under Section 147 IPC | One year Simple Imprisonment | Rs.500/-, in default, to undergo one month Simple Imprisonment |
| Under Section 148 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 324 IPC | Three years Rigorous Imprisonment | Rs.1000/-, in default, to undergo six months Rigorous Imprisonment | ||
| Under Section 302 r/w 149 IPC | L |
