Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Nepoleon @ Nedunchezhiyan – Appellant
Versus
State by The Dy. Superintendent of Police – Respondent
JUDGMENT :
M. DHANDAPANI, J.
The judgment of the Principal Sessions Judge dated 14.12.2020 in S.C. No.141 of 2015 in and by which the appellants have been convicted and sentenced has been put to test by the appellants before this Court by filing the present appeal.
2. The appellants, who were arrayed as A-1 to A-5stood charged for the offences as under :-
| S. No. | Array of Accused | Section of Offence Charged |
| 1 | A-1, A-4 & A-5 | U/s 147 IPC |
| 2 | A-2 & A-3 | U/s 148 IPC |
| 3 | A-1 to A-5 | U/s 294 (b) IPC |
| 4 | A-1 | U/s 323 IPC |
| 5 | A-2 to A-5 | U/s 323 r/w 149 IPC |
| 6 | A-4 & A-5 | U/s 323 IPC |
| 7 | A-1 to A-3 | U/s 323 r/w 149 IPC |
| 8 | A-1 & A-3 to A-5 | U/s 323 IPC |
| 9 | A-2 | U/s 323 r/w 149 IPC |
| 10 | A-2 | U/s 324 IPC |
| 11 | A-1 & A-3 to A-5 | U/s 324 r/w 149 IPC |
| 12 | A-3 | U/s 324 IPC |
| 13 | A-1, A-2, A-4 & A-5 | U/s 324 r/w 149 IPC |
| 14 | A-1 | U/s 3 (1)(r)(s) of SC/ST (PoA) Act as amended by Ordinance, 2014 |
| 15 | A-2 to A-5 | U/s 3 (1)(r)(s) of SC/ST (PoA) Act as amended by Ordinance, 2014 |
| 16 | A-1 to A-5 | U/s 3 (2)(va) of SC/ST (PoA) Act as amended by Ordinance, 2014 |
3. After trial, the accused were found guilty and were convicted and sentenced for the offences as under :-
| S. No. | Array of Accused | Conviction & Sentence |
| 1 | A-1, A-4 & A-5 | Convicted u/s 147 IPC and sentenced to undergo RI for two years. Convicted u/s 294 ( |
The importance of prompt lodging of FIR in criminal cases and the need for evidence to establish the presence of the public at the time of the offense to satisfy the criteria of 'public view' under S....
Sufficient evidence must link alleged acts to an intent to humiliate based on caste identity for the application of the SC/ST Act.
Mere allegations without evidence of public view do not constitute an offence under the SC/ST Act unless insults target caste identity in a public context.
The main legal point established in the judgment is the requirement for the prosecution to prove the accused's guilt beyond reasonable doubt, including the reliability of witness testimonies and adhe....
For convictions under SC/ST Act, incidents must occur in public view; however, discrepancies in witness accounts do not negate credible evidence of assault leading to murder.
Allegations under the SC/ST Act require intentional insult or intimidation in public view; dismissal of revision upholds trial due to sufficient prima facie evidence.
The court clarified the interpretation of 'within public view' in the context of the Atrocities Act, holding that a place can be considered 'within public view' even if it is a private place, provide....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
