IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J.
Karthick @ Karthikeyan & Another - Appellant
Versus
State Rep by, The Inspector of Police, Coimbatore - Respondent
Crl.R.C. No. 1209 of 2016
Decided On : 27-05-2022
Criminal Revision - Conviction under Section 451, 392, 392 r/w 34 of IPC - [Section 451, Section 392, Section 392 r/w 34 of IPC] - The court confirmed the conviction and sentence of the petitioners for offenses under Section 451, Section 392, and Section 392 r/w 34 of the Indian Penal Code. The court also considered the contradictions in the evidence and materials presented by both the prosecution and the defense, ultimately finding no reason to interfere with the findings of the lower courts. The court, however, decided to reduce the sentence imposed by the trial court due to the petitioners' young age and lack of prior similar offenses.
Fact of the Case:
The petitioners were convicted for offenses including snatching and attempted injury. The prosecution presented evidence of the petitioners' apprehension and the recovery of material objects, while the defense raised contradictions in the evidence and materials, including the absence of certain seized items and discrepancies in witness testimonies.
Finding of the Court:
The court found no reason to interfere with the lower courts' findings, as the evidence and materials were considered in conformity with the case of the prosecution. However, the court decided to reduce the petitioners' sentence due to their young age and lack of prior similar offenses.
Issues: Contradictions in evidence and materials, including the absence of certain seized items and discrepancies in witness testimonies.
Ratio Decidendi: The court confirmed the conviction and sentence based on the evidence and materials presented, finding no reason to interfere with the lower courts' findings. However, the court decided to reduce the petitioners' sentence due to their young age and lack of prior similar offenses.
Final Decision: The Criminal Revision Case is partly allowed, and the sentence imposed by the trial court against the petitioners is reduced from three years Rigorous Imprisonment to the period of incarceration already undergone by them.
JUDGMENT
(Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to allow the above Crl.R.C. by setting aside the judgment dated 26.07.2016 passed in C.A.No.45/2014 on the file of the I Additional District and Sessions Court, Coimbatore, confirming judgment dated 05.03.2014 passed in S.C.No.214/2010 on the file of the II Additional Assistant Sessions Court, Coimbatore.)
1. The conviction and sentence passed against the petitioners in S.C.No.214 of 2010, dated 05.03.2014 by the learned II Additional Assistant Sessions Judge, Coimbatore/trial Court are as follows:-
* For offence under Section 451 of IPC, the 1st petitioner to undergo three months Imprisonment and to pay a fine of Rs.500/-, in default, to undergo one week Simple Imprisonment.
* For offence under Section 392 of IPC, the 1st petitioner to undergo three years Rigorous Imprisonment and to pay a fine of Rs.500/-, in default, to undergo one week Simple Imprisonment.
* For offence under Section 392 r/w 34 of IPC, the 2nd petitioner to undergo three years Rigorous Imprisonment and to pay a fine of Rs.500/-, in default, to undergo one week Simple Imprisonment.
2. As against the judgment of trial Court, dated 05.03.2014, the petitioner preferred an appeal before the learned I Additional District and Sessions Judge, Coimbatore/lower appellate Court in C.A.No.45 of 2014. The lower appellate Court, by judgment, dated 26.07.2016 confirmed the judgment of the trial Court and dismissed the appeal, against which, the present Criminal Revision case.
3. The gist of the case is that on 30.06.2008, at about 12.30 p.m., when the defacto complainant/PW1 in her house, the petitioners went to her house, asked for water to drink. PW1 went inside the house for fetching water, at that time, the 1st petitioner followed her, when she questioned the same, the 1st petitioner poured chilly powder on her face, but she evaded the same, thereafter, by showing blade, the 1st petitioner attempted to inflict injury, which was also evaded by her. Thereafter, the 1st petitioner snatched her Thali/MO4 and ran out, where the 2nd petitioner was ready with the bike, keeping watch over the area and facilitating escape of 1st petitioner. PW1 raised alarm, on hearing the same, PW2 and one Krishna chased the petitioners. When the petitioners attempted to flee away from the scene, they skidded and fell down from the bike. Thereafter, they were caught hold and handed over to the respondent Police along with the snatched Thali/MO4, chilly powder and motor bike. PW5, the Sub Inspector of Police received the complaint/Ex.P1, registered FIR/Ex.P4 and handed over the same to PW6. PW6, the Inspector of Police visited the scene of occurrence, drawn Observation Mahazar/Ex.P3, Rough Sketch/Ex.P5, recorded the statement of the witnesses present in the scene of occurrence, seized the material objects through Form-95 and arrested the petitioners and produced them before the concerned Magistrate for remand, on conclusion of investigation, filed the charge before the trial Court.
4. During trial, on the side of the prosecution, six witnesses were examined as PW1 to PW6 and six documents were marked as Exs.P1 to P6 and five material objects were marked as MO1 to MO4. On the side of the defence, no witness was examined and no document was marked. On conclusion of trial, the trial Court convicted the petitioners as stated above and the same was confirmed by the lower appellate Court, vide judgment, dated 26.07.2016 in C.A.No.45 of 2014.
5. The learned counsel for the petitioners submitted that the petitioners are falsely implicated in this case. Prior to the occurrence, an attempt was made for snatching Thali/MO4 of PW1 by two unknown persons wearing helmets and the complaint was kept pending. Since unable to find out the real accused in that case, the respondent Police detained the petitioners during a vehicle check when they were proceeding in a motor bike to visit the 1st petitioner'
AI
The court considered the evidence and materials presented, ultimately finding no reason to interfere with the lower courts' findings. However, the court decided to reduce the petitioners' sentence du....
Inconsistencies in the evidence and failure to properly appreciate the material on record can lead to a manifest error of law, resulting in the acquittal of the accused.
Released on admonition - Conviction modified - Trial court convicted accused for offence under Ss. 323, 341 and 379 of IPC and released other convicts, except present petitioners, under Act, 1958 on ....
Non-recovery of the weapon used in an offense is not fatal to the prosecution's case when reliable ocular eyewitness testimony is corroborated by medical evidence of the injuries sustained.
Revisional jurisdiction is supervisory and precludes reappreciation of evidence unless lower court findings are perverse. The non-recovery of a weapon is not fatal to a conviction for causing hurt wh....
The main legal point established in the judgment is the reliance on credible testimony of prosecution witnesses and medical evidence to establish guilt, and the non-fatal nature of non-seizure of the....
The main legal point established in the judgment is the court's reliance on witness testimonies, consideration of defense evidence, and rejection of the plea of false implication in upholding the con....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.