VENGA GOUNDER vs THE STATE REP BY - 2022 Supreme(Online)(MAD) 14546

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2022 Supreme(Online)(MAD) 14546

IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 28.07.2022 Pronounced on : 03.08.2022 Coram::
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Revision Case No.967 of 2015 Venga Gounder, S/o.Kandasamy, Koonandiyur Iruppali Village, Edappadi Taluk, Salem District. ... Petitioner/Accused No.2 /versus/
The State rep. by, The Inspector of Police, Poolampatti Police Station, Salem District. ... Respondent/Complainant Prayer:- Criminal Revision Case is filed under Section 397 & 401 of Cr.P.C., to set aside the judgment of the Learned I Additional District and Sessions Judge, Salem in Crl.A.No.88 of 2014 dated 09.07.2015 confirming in respect of the petitioner alone from Judgment of the Judicial Magistrate No.1, Sankari in C.C.No.94 of 2008 dated 30.06.2014 is liable to be set aside and the petitioner may be acquitted entirely.
For Petitioner : Mr.C.Kulanthaivel For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl.Side)

O R D E R

The revision petitioner is the 2nd accused in C.C.No.94 of 2008 on the file of Judicial Magistrate No.1, Sankari. The petitioner along with three other accused persons were tried in a case registered by the respondent police in Crime No.2 of 2007 dated 05.01.2007.

2. Based on the complaint given by Manthiri S/o.Iyyamperumal alleging that, due to property dispute and pendency of case, on 04.01.2007 at about 3.00 p.m when he was weeding out grass in his field, Kandasamy (A-1) came to his field and scolded him with abusive language for supporting one Thangavel. Chandran (A-3) and Arul Prakasam (A-4) held him and punched on his back. Venga Gounder (A-2), the petitioner herein attacked him with Koduval on his right side shoulder. On hearing his scream, Thangavel and Mariappan rush to the seen. All the four accused left the place threatening him that they will not allow him to live. Manthiri was taken to Edappadi Government Hospital for treatment. On reference for further treatment, he was admitted at Salem Government Hospital. The Sub Inspector Police got intimation from the hospital and has gone to the hospital and recorded the statement on 05.01.2007 and registered a case under Section 294(b), 341, 324 and 506(ii) at 17.30 hrs.

3. On completion of investigation, final report filed alleging that A1 committed offences under Section 447, 294(b), 506(ii) of I.P.C, A2 committed offence under Section 447, 326 and 506(ii) of I.P.C and A3 & A4 committed offences under Section 447, 341, 323 and 506(ii) of I.P.C.

4. To prove the charges, the prosecution has examined 10 witnesses and marked 8 exhibits.

5. The Trial Court held A1 & A2 guilty of offences under Section 325 I.P.C. A3 guilty of offences under Section 341 and 325 of I.P.C. A4 guilty of offence under Section 341 of I.P.C and sentenced them to undergo following punishment and acquitted from other charges.

	Charges framed	Findings	Conviction and Sentence passed by the Trial Court in C.C.No.94 of 2008
A1 Under Sections	447, 294(b), 506(ii) of I.P.C	325 IPC	U/s 325 IPC S.I for 2 years with Fine Rs.3500/- i/d S.I for 6 months
A2 Under Sections	447, 326, 506(ii) IPC	325 IPC	U/s 325 IPC S.I for 2 years with Fine Rs.3500/- i/d S.I for 6 months
A3	447, 341, 323, 506 (ii) IPC	341, 325 IPC	U/s 341, 325 IPC S.I for 2 years with Fine Rs.3500/- i/d S.I for 6 months

	Charges framed	Findings	Conviction and Sentence passed by the Trial Court in C.C.No.94 of 2008
			u/s 325 IPC and Fine Rs.500/- I/d S.I for 1 month u/s 341 IPC
A4	447, 341, 323, 506(ii) IPC	341 IPC	U/s 341 IPC Fine Rs.500/- I/d S.I for 1 month

6. Aggrieved by the sentence and conviction all the four accused preferred appeal before the 1st Additional District and Sessions Judge, Salem and came to be heard in C.A.No.88 of 2014. The Appellate Court, on reappreciating the evidence allowed the appeal partly.

7. The conviction of A1 & A3 for offence under Section 325 of I.P.C was set aside and acquitted. The conviction and sentence imposed on A2 for offence under Section 325 was confirmed. The conviction imposed on A3 & A4 for offence under Section 341 of I.P.C was confirmed.

	Charges framed	Conviction and Sentence passed by the Trial Court in C.C.No.94 of 2008	Conviction and Sentence passed by the Appellate Court in C.A.No.88 of 2014
A1 Under Sections	447, 294(b), 506(ii) of I.P.C	U/s 325 IPC S.I for 2 years with Fine Rs.3500/- i/d S.I for 6 months	Conviction under Section 325 of I.P.C is set aside.
A2 Under Sections	447, 326, 506(ii) IPC	U/s 325 IPC S.I for 2 years with Fine Rs.3500/- i/d S.I for 6 months	Confirmed under Section 325 of I.P.C is confirmed. S.I for 2 years with Fine Rs.3500/-

	Charges framed	Conviction and Sentence passed by the Trial Court in C.C.No.94 of 2008	Conviction and Sentence passed by the Appellate Court in C.A.No.88 of 2014
			i/d S.I for 6 months
A3	447, 341,

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