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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN, J
Pattu @ John Pet – Appellant
Versus
State – Respondent
JUDGMENT :
Crl.A(MD)Nos.79 and 84 of 2020 have been filed against the judgment conviction and sentence passed in SC No.19 of 2018 on the file of the II Additional District and Sessions Judge, Thoothukudi, dated 03/02/2020, whereas Crl.A(MD)No.108 of 2020 is filed against the judgment of conviction and sentence passed in SC No.284 of 2017 by the II Additional District and Sessions Judge, Thoothukudi.
2. Crl.A(MD)Nos.79 and 80 of 2020:-
The case of the prosecution is that on 03/06/2016 at about 07.30 am, the de-facto complainant was said to have been attacked by using hammer, inflicted bite injuries on his right hand by the accused and abused him in filthy language coupled with damage to his two wheeler bearing registration No.TN-72-BB-3493 by hitting upon it using the Mahindra Van. Upon the occurrence, a case in Crime No.120 of 2016 was registered for the offence under section 294(b), 323, 324 IPC and section 5 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. After completion of the investigation, final report was filed. It was taken on file in SC No.284 of 2017 by the II Additional District and Sessions Judge, Thoothukudi. After completing 207 Cr.P.C proceedings,
The court emphasized the necessity of a proper investigation to identify aggressors in cases involving mutual assaults, ruling that flawed procedures led to wrongful convictions.
The judgment emphasizes the importance of clear and unambiguous charges to provide the accused with a precise notice of the accusations, and the need for sufficient and consistent evidence to support....
In a case with competing allegations, the prosecution must prove its case beyond reasonable doubt, especially when inconsistencies arise regarding injuries sustained by both parties.
The main legal point established in the judgment is the importance of corroborating evidence and the need for a clear determination of the aggressor in assault cases.
The court upheld the conviction for certain offences while noting procedural irregularities in the trial, ultimately modifying the sentence to one day imprisonment and compensation.
Eyewitness testimony, particularly from injured witnesses, is crucial in establishing guilt, even with minor inconsistencies in their accounts.
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