Back
2025 Supreme(Mad) 4134
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
Vadivel - Appellant
Versus
The State - Respondent
Crl. Appeal (MD) No. 580 of 2019
Decided On : 10-01-2025
Advocate Appeared:
For the Appellant : M. Vivek Kumar
For the Respondent: M. Sakthi Kumar
Conviction for grievous assault modified to negligent driving due to lack of evidence, emphasizing rigorous standards for police conduct and witness reliability in criminal cases.
Headnote:(A) Indian Penal Code - Sections 294(b), 353, 326, 279, 338 - Motor Vehicles Act - Offences involving police assault and negligent driving - Conviction of accused under sections 326 IPC modified to sections 279 and 338 IPC due to insufficient evidence for grievous injury - Charges under sections 294(b) and 353 IPC not established, leading to acquittal - Fine imposed under 326 IPC adjusted to 279 and 338 IPC - Court emphasizes necessity for concrete evidence in assault cases involving public officials. (Paras 1-40)
(B) Criminal Appeals - Right to appeal against conviction - Review of evidence by appellate court demands rigorous scrutiny of prosecution's claims, particularly regarding injuries inflicted and jurisdiction of police actions. (Paras 16-37)
Facts of the case:
The accused was involved in a vehicular incident on 20/05/2016, causing injuries to a police officer during a vehicle check-up at Dhanushkodi. The prosecution alleged that the accused operated the vehicle in a rash manner, resulting in grievous injury and other offenses against police officials. The accused denied these allegations, leading to trial and subsequent conviction under different sections. (Paras 1-39)
Findings of Court:
The appellate court found contradictions in witness statements regarding the occurrence, deciding the conviction under section 326 IPC was not legal; hence modified to sections 279 and 338 IPC based on evidence of rash driving, with a sentence of imprisonment aligned to time served. (Paras 39-40)
Issues: The main issues centered around the legitimacy of the police's actions, the nature of the injury inflicted, and the applicability of sections under which the accused was charged. (Paras 35-38)
Ratio Decidendi: The court concluded that the evidence presented by the prosecution failed to substantiate claims of grievous assault; thus, it was deemed more appropriate to apply lesser charges reflecting negligent driving rather than grievous assault. (Paras 38-39)
Result: Appeal allowed; conviction modified.
| Table of Content |
|---|
| 1. conviction for multiple offences (Para 1 , 2 , 3 , 4 , 5) |
| 2. prosecution witness testimonies (Para 6 , 7 , 8 , 9 , 10) |
| 3. assessment of evidence credibility (Para 16 , 18 , 19 , 20 , 21 , 22 , 23 , 27 , 29 , 31 , 33 , 37 , 38) |
| 4. insufficient evidence for certain charges (Para 34 , 35 , 36) |
| 5. modification of charges and conviction (Para 39 , 40) |
JUDGMENT :
1. This Criminal Appeal is filed against the judgment of conviction and sentence imposed by the Principal District and Sessions Judge, Ramanathapuram, in SC No.139 of 2017, dated 06/11/2019.
2. The case of the prosecution in brief:-
On 20/05/2016 at about 05.30 pm, while the Sub Inspector of Police, attached to Dhanushkodi Police Station along with his subordinates were involving in vehicle check up at Dhanushkodi, near A.T.M.Sea Foods Company, they have intercepted an auto bearing registration No.TN-65-P-8132 for check up. At that time, the accused who is the driver of the said auto scolded the police officials with filthy language and threatened with dire consequences, taken the auto rashly and dashed on the Head Constable Ramkumar, by which he fell down and also dashed the bike of SI Gnanasekaran Bose bearing registration No.TN-63-V-7709 and caused damage to the tune of Rs.6,000/- and ran away from the scene of occurrence. Upon the occurrence, a case in Crime No.53 of 2016 was registered by the respondent for the offences under sections 294(b), 353, 324, 307 IPC and section 4 of TNPPDL Act. After completing the investigation, final report was filed and it was taken on file in SC No.139 of 2017 by the Principal District and Sessions Judge, Ramanathapuram for the offences under sections 294(b), 353, 307 IPC and section 3 of TNPPDL Act and section 37(IV) r/w 177 of the Motor Vehicles Act.
3. The following charges were framed against the accused persons:-
(1) On 20/05/2016 at about 05.30 pm, while the Sub Inspector of Police, Dhanushkodi Police Station along with his subordinates were involving in vehicle check up at Dhanushkodi, near A.T.M.Sea Foods Company, the accused, who is an auto driver scolded the police officials with filthy language and threatened with dire consequences, thereby committed the offence under section 294(b) of IPC.
(2)In the same incident, the accused has prevented the sub inspector from discharging his duty therefore committing an offence under section 353 of IPC.
(3)In the same incident, the accused has taken the auto rashly and dashed on the Head Constable Ramkumar, by which he fell down and committed an offence under section 307 of IPC.
(4) In the same incident, the accused has also dashed the bike of SI Gnanasekaran Bose bearing registration No.TN-63-V-7709 and caused damages thereby committed offence under section 4 of TNPPDL Act.
4. To that charges, the accused pleaded not guilty and claimed to be tried.
5. During the trial process, on the side of the prosecution, 14 witnesses have been examined and 16 documents were marked. Apart from that, MO1 to MO2 were also marked. On the side of the accused, no oral or documentary evidence was adduced.
6. The case of the prosecution, as narrated through the prosecution witnesses:-
PW4 was working as Head Constable in Danushkodi Police Station. On 20/05/2016 at about 05.30 pm, he along with a team of police officials were on their routine vehicle check up near ATM Dry Fish Company. At that time, an auto bearing registration No.65-P-8232 was driven by its driver namely the accused came in high speed. The police stopped the vehicle. But the accused did not stop the vehicle. By abusing them in filthy language hit the auto speedily on him. As a result of which, he fell down and sustained injuries on his left leg knee portion, right shoulder region. Again, the accused hit the two wheeler bearing registration No.TN65-V-7709 belongs to the Sub Inspector of Police, causing heavy damage. After hitting the vehicle, immediately the accused fled away from that place in the very same auto. He was taken to the hospita
