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2022 Supreme(Mad) 3653

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. BHARATHA CHAKRAVARTHY, J.
M. Rajeshkumar - Appellant
Versus
The Inspector of Police, Tiruvallur - Respondent
Cr.R.C. No. 293 of 2021
Decided On : 09-09-2022

Advocates appeared:
For the Petitioner:C.D. Johnson, Advocate. For the Intervenor:N. Manoharan, Advocate. For the Respondent:S. Vinoth Kumar, Government Advocate (Crl. Side).

The main legal point established is the assessment of evidence to prove guilt beyond reasonable doubt and the consideration of the background of the parties in determining the sentence.

Headnote:

Criminal Revision Case - Assault in Police Station - The Code of Criminal Procedure, 1973, Section 397, 401 - Indian Penal Code, Sections 341, 323, 325, 506(2)

Fact of the Case:

The case involved an incident where a constable was assaulted by another constable and his family members in a police station over a relationship dispute. The accused was convicted under various sections of the Indian Penal Code and sentenced to imprisonment and fines.

Finding of the Court:

The court found that the accused had assaulted the constable and that the prosecution had proved the charges beyond reasonable doubt. The court also considered the background of the parties and sentenced the accused accordingly.

Issues: The issues involved the assault in the police station, the relationship dispute, and the credibility of the witnesses.

Ratio Decidendi: The court considered the evidence, including eyewitness testimony and medical reports, to establish the guilt of the accused. The court also took into account the background of the parties in determining the appropriate sentence.

Final Decision: The court partly allowed the Criminal Revision Case, confirming the convictions and modifying the sentences for the accused.

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 and 401 of The Code of Criminal Procedure, 1973, against the judgment of the I Addl. District and Sessions Judge at Tiruvallur made in C.A.No.73 of 2019, dated 03.03.2021 confirming the conviction and sentence imposed by the learned Judicial Magistrate, Tiruttani in C.C.No.319 of 2009, dated 20.05.2019 in convicting the petitioner herein for the offence under Section 341, 323, 325 and 506 (2) of IPC and convicted and sentenced to undergo one month Simple Imprisonment and pay a fine of Rs.500/- in default one week Simple Imprisonment for one week u/s 341 IPC, one year Simple Imprisonment and to pay a fine of Rs.1000/- in default undergo three weeks Simple Imprisonment for the offence u/s 323 IPC, two years Simple Imprisonment and to pay a fine of Rs.5000/- in default one month Simple Imprisonment for the offence u/s 325 IPC, 2 years Simple Imprisonment and to pay a fine of Rs.5000/- in default one month Simple Imprisonment for the offence u/s 506(2) IPC, and sentences were ordered to run concurrently as per Section 248(2) Cr.P.C.)

1.On 14.04.2007, when P.W.11, Ravanan was on duty at the Tiruttani Police Station, an incident happened within the Police Station itself, in which, P.W.2, Ramesh lodged a complaint to the effect that P.W.2 is a constable. He fell in love with another Constable, namely Kokila and both of them were married. While so, the accused M.Rajesh Kumar, who is also a Constable, confronted him, accosted him stating that when already he and the said Kokila were in a relationship, how dare he got married to the said Kokila. He started sending abusive messages. While so, on 14.04.2007, when he was proceeding in his father's Car, the said accused waylaid him and thrashed him on the face, confronting him how dare he could still have  contacts with the said Kokila. He, therefore, ran inside the Police Station. There also, the first accused Rajesh Kumar and the second and third accused, being his mother and sister, followed him and hit him with a cricket bat and iron rod inside the Police Station itself, which is witnessed by the Police personnel present in the station and hence the complaint.

2. On the strength of the said allegations, a case in Cr.No.132 of 2007 for the offences under Sections 341, 294B, 324 and 506(ii) of the Indian Penal Code, was registered and P.W.12 completed the investigation and laid a Final Report proposing the accused guilty for the offences under Sections 341, 294B, 323, 325 and 506(ii) of the Indian Penal Code. The case was taken on file as C.C.No.319 of 2009 by the learned Judicial Magistrate, Tiruttani and upon appearance of the accused and furnishing of copies under Section 207 of the Code of Criminal Procedure, the accused denied committing the offences and stood trial. In order to bring home the charges on behalf of the prosecution, P.Ws.1 to 12 were examined and Exs.P-1 to P-11 were marked and the old cricket bat was produced as M.O.1. Upon being questioned about the material evidence and incriminating circumstances, the accused denied the same as false. Thereafter, no evidence was let in on behalf of the defence.

3. The learned Judicial Magistrate, Tiruttani proceeded to hear the learned Assistant Public Prosecutor and the learned Counsel on behalf of the accused and by a judgment, dated 20.05.2019, acquitted the accused Nos.2 and 3. The accused No.1 was found guilty of the offence under Section 341 of the Indian Penal Code and was imposed with a sentence of Simple Imprisonment of one month and a fine of Rs.500/- and in default of payment of fine, to undergo Simple Imprisonment for one more week. The accused No.1 was also found guilty for the offence under Section 323 of the Indian Penal Code and was imposed with a sentence of Simple Imprisonment for a period of one year and to pay a fine of Rs.1,000/- and in default of payment of fine, to undergo three weeks Simple Imprisonment. The first accused was also found guilty of t

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