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2023 Supreme(Online)(MAD) 5228
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.01.2023 CORAM THE HON'BLE MR.JUSTICE P.VELMURUGAN CRL.RC Nos.352 & 253 of 2020 AND CRL.MP Nos. 2040, 2647 and 2648 of 2020
1.Pandian @ Gopal Pandian
2. Kanthan ... Petitioners in Crl.RC.352 of 2020
1.Ramesh Babu
2. Peer Mohammed ... Petitioners in Crl.RC.253 of 2020 vs.
State rep.by The Inspector of Police, P-5 M.K.B Nagar Police Station, Chennai-600039. ... Respondents in both petitions Prayer in Crl.RC.No. 352 of 2020: Criminal Revision Petition filed under Sections 397 r/w. 401 CrPC to set side the judgment of the learned XVII Additional City Civil Judge, Chennai in Crl.Appeal No. 157 of 2019 dated 25.11.2019 confirming the judgment of the learned Metropolitan Magistrate, FTC-II, Egmore in C.C.No.5972 of 2006 dated 21.03.2019 and consequently acquit the petitioners.
Prayer in Crl.RC.No. 352 of 2020: Criminal Revision Petition filed under Sections 397 r/w. 401 CrPC to set side the judgment of the learned XVII Additional City Civil Judge, Chennai in Crl.Appeal No. 138 of 2019 dated 25.11.2019 confirming the judgment of the learned Metropolitan Magistrate, FTC-II, Egmore in C.C.No.5972 of 2006 dated 21.03.2019 and consequently acquit the petitioners.
For Petitioners : Mr. R.C.Paul Kanagaraj (in Crl.RC.253 of 2020)
For Petitioners : M/s. S.Subramanian (in Crl.RC.352 of 2020)
For Respondents : Mr.S.Sugendran, APP (in both petitions)
COMMON ORDER
Criminal Revision in Crl.RC No. 352 of 2020 was filed by A2 & A3 and the Criminal Revision in Crl.RC No. 253 of 2020 was filed by the A4 & A5. These revision are arising out of the judgments in Crl.Appeal Nos. 157 of 2019 & 138 of 2019 dated 25.11.2019, confirming the common dismissal order made in C.C.No. 5972 of 2006 dated 21.03.2019. Since the issue involved in both the criminal revision petitions arising out of the same occurrence, they heard together and disposed of by a common order.
2. Brief facts of the case is that the respondent police registered a case against the petitioner in Crime No. 741 of 2004 for the offences under Section 341, 294(b), 323, 506(1) IPC r/w 34 IPC and r/w 109 IPC. After investigation laid charge sheet before the II Metropolitan Magistrate, Egmore, Chennai on file in C.C.No. 5972 of 2006. After framing charges and completion of trial, the revision petitioners in Crl.RC.No. 252 of 2020 were found guilty for the offences under Section 294(b), 341, 327, 506(ii) IPC, r/w Section 34 IPC. The revision petitioners in Crl.RC.No,. 253 of 2020 were found guilty for the offences under Section 294 (b), 341, 323, 506(1) IPC, r/w
109 IPC.
3. For easy understanding, the conviction and sentence awarded by the trial Court to the accused for offences under Section 341, 294(b), 323, 506(i) IPC r/w 109 IPC is tabulated hereunder;
| Accused | Offences charged | Punishment awarded |
| A2 & A3 | Under Section 341 r/w 34 IPC | Shall pay fine of Rs.1,000/- each and in default each shall undergo one week simplie imprisonment. |
| Under Section 294(b) r/w 34 IPC | Shall pay fine of Rs.1,000/- each and in default each shall undergo one week simplie imprisonment. | |
| Under Section 323 IPC r/w 34 IPC | Each shall undergo one month simple imprisonment and to pay fine of Rs.1000/- , in default to undergo one week simple imprisonment. | |
| Under Section 506(i) IPC r/w 34 IPC, | Each shall undergo one month simple imprisonment and to pay fine of Rs.1000/-, in default to undergo one week simple imprisonment. | |
| A4 & A5 | Under 341 IPC r/w 109 IPC | Each shall pay fine of Rs.1000/- and in default to undergo one week simple imprisonment. |
| Under Section 294(b) IPC r/w 109 IPC | Each shall pay a fine of Rs.1000/- and in default to undergo one week simple imprisonment. | |
| Under Section 323 IPC r/w 109 IPC | Each shall undergo one month simple imprisonment and pay fine of Rs.1000/-, in default to under go one week simple impronment | |
| Under Section 506(i) IPC r/w 109 IPC | Each shall undergo one month simple imprisonment and pay fine of R.1000/-, in default to undergo one week simple imprisonment. |
4. Challenging the aforesaid conviction and sentence, the accused
1 to 3 have filed appeal before the Principal Sessions Judge, in Crl. Appeal No. 157 of 2019 and the same was made over to the XVII Additional Judge, City Civil Court, Chennai and the Accused 4 & 5 have filed appeal in Crl.Appeal No. 138 of 2018 before the Principal Sessions Judge, Chennai and the same was made over to XVII Additional Judge, City Civil Court, Chennai and the XVII Additional Judge, City Civil Court, Chennai dealt separately and dismissed the appeals, confirming the conviction and sentence passed by the Metropolitan Magistrate, Egmore. Aggrieved over the same, A2 & A3 have filed Crl.RC. 352 of 2020 and A4 & A5 have filed Crl.RC. 253 of 2020 before this Court.
5. The learned counsel appearing for revision petitioners would submit that during trial, in order to prove the charges, on the side of prosecution 13 witnesses PW1 to PW13 were examined, 7 documents were marked as Ex.P1 to P7. Even though no oral evidence was adduced on the defence side, Ex.D1 and Ex.D2 were marked on the side of the defence. The complaint shows no reference with regard to the pre
