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HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
BALAKRISHNA REDDY – Appellant
Versus
STATE OF TAMIL NADU REPRESENTED BY – Respondent
['Crl.A.Nos.29,62,77 and 115 of 2019', 'Crl.A.No.29 of 2019', 'Crl.A.No.62 of 2019', 'Crl.A.No77 of 2019', 'Crl.A.No.115 of 2019']
Criminal - Unlawful Assembly - Sections 147, 148, 341, 332, 333 IPC, Sections 3, 4 Tamil Nadu Property (Prevention of Damages and Loss) Act - Failure to Prove Charges Beyond Reasonable Doubt
Fact of the Case:
On 30.09.1998, around 150 persons assembled to protest the registration of a false case against Govinda Reddy. The prosecution alleged that the accused, who belonged to a political party, gathered unlawfully near Bagalur Bus Stand, carried weapons, restrained vehicular movement, caused traffic disturbance, pelted stones at police officials, and damaged public property. Several police personnel sustained injuries. The case was registered, and charges were framed against 100 accused persons.
Finding of the Court:
The court found several lacunae in the prosecution case, including the failure to produce material evidence, contradictions in witness testimonies, and the inability to establish the identity of the accused persons. The court held that the prosecution failed to prove the charges beyond reasonable doubt and set aside the trial court's judgment.
Issues: Whether the prosecution has been able to prove the charges against the accused persons beyond reasonable doubt?
Ratio Decidendi: The court found that the prosecution's case was riddled with several lacunae, including the failure to produce material evidence, contradictions in witness testimonies, and the inability to establish the identity of the accused persons. The court held that the prosecution failed to prove the charges beyond reasonable doubt.
Final Decision: The court allowed the appeals, set aside the trial court's judgment, and acquitted all the accused persons.
The batch of criminal appeals is directed against the judgment passed by the learned Special Judge, Special Court for Cases Related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, rendered on 07.01.2019 in S.C.No.505 of 2018. 2. On 30.09.1998 between 06.00 p.m, to 08.00 p.m., on the Malur to Hosur Main Road at Sarjapuram Junction Road and near Bagalur Bus Stand, about 150 persons assembled to protest registering of a false case against one Govinda Reddy in Crime No.253 of 1998. The said Govinda Reddy is the first accused in this case.
3. It is the specific case of the prosecution that Govinda Reddy, who belongs to a Political Party, along with his followers gathered near Bagalur Bus Stand unlawfully to protest against police. Some of them were carrying weapons with a common object to use force and violence.
Pursuant to the common object, they restrained vehicular movement and caused traffic disturbance. When the Inspector of Police requested the crowd to disburse, they refused and started raising slogan. They pelted stones at the Police Officials as well as the vehicles passing through. In the course of the said action, three policemen were sustained grevious injury and few more sustained simple injuries. The Trax jeep of the police department was set at fire and a two wheeler owned by a private person was damaged, besides three public transport buses.
4. R.Sekar, Sub Inspector of Police, is the informant in this case. Based on his information, First Information Report in Crime No.340 of 1998 came to be registered against 25 persons and others. On completion of investigation, Final Report filed and taken on file as S.C.No.258 of 2002 (Sessions Court, Krishnagiri). Later, on constitution of Special Court for the cases related to Elected Members of Parliament and Members of Legislative Assembly(MPs &MLAs), it was transferred to the Special Court at Chennai and renumbered as S.C.No.505 of 2018.
5. At the time of framing charges, 100 persons were named as accused and the following charges were framed.
st Charge: Against A2, A3, A4 to A16 and A18 to A100 for the offence under Section 147 of IPC for forming unlawful assembly and created riot.
nd Charge: Against A1, A3 and A17 for the offence under Section 148 of IPC for gathered unlawfully with deadly weapons.
rd Charge: Against A1 to A100 for the offence under Section 341 of IPC for wrongfully restrained the police officials and other vehicles to pass through the occurrence place.
th Charge: Against A1 and A17 for the offence under Section 333 of IPC for causing grievous hurt to Sundara rajan, A.R.Grade-I PC with iron rod.
th Charge: Against A18, A21 and A24 for the offence under Section 332 of IPC for causing hurt to Ramakrishnan, Inspector of Police.
th Charge: Against A1,A3, A6, A15, A16 for the offence under Section 332 of IPC for causing hurt to Sekar, Sub Inspector with hands and stones.
th Charge: Against A4 and A5 for the offence under Section 332 of IPC for causing hurt to Palani, A.R.P.C. with stones and wooden log.
th Charge: Against A7, A8,A9 and A20 for the offence under Section 332 of IPC for causing hurt to Loganathan, A.R. Grade-I, PC with stones and wooden log.
th Charge :Against A10 for the offence under Section 332 of IPC for causing hurt to Madhu, A.R.P.C., with stones. th Charge: Against A11 for the offence under of for causing hurt to Kaliappan, A.R.Grade-I, P.C with stones. th Charge: Against A2 for the offence under of for causing hurt to Sundararajan, A.R.P.C., with stones. th Charge: Against A12 for the offence under of for causing hurt to Sathasivam, A.R.P.C., with wooden log. th Charge: Against A13, A14, A16 and A19 for the offence under of for causing hurt to Sampath, A.R.P.C., with wooden log.
th Charge: Against A3 for the offence under Section 3 of the Tamil Nadu Property (Prvention of Damages and Loss) Act, 1992, for damaging Bullet Motor Cycle bearing Reg.No.TN 01 D 6479 with stones. th Charge: Again
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