Advocates:
['M/S V R APPASWAMEE', '', 'R SASIKUMAR', 'V VIJAYARAJAN', 'V MANIMARAN', 'PUBLIC PROSECUTOR']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022

CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

CRL.A.NO.44 OF 2019

Gajendran

.. Appellants

Vs

State rep. by

The Inspector of Police

C5 Vengal Police Station

Thiruvallur District.

(Crime No.151 of 2015)

.. Respondent

Prayer:

Criminal Appeal filed under Section 374 of CRPC, to set

aside the conviction and sentence imposed on the appellant by

the learned Assistant District and Sessions Judge, Thiruvallur

dated 30.11.2018 in Sessions case No.146 of 2017 and acquit the

appellant.

For the Appellant

: Mr.V.R.Appaswamee

For the Respondent

: S.Vinoth Kumar

Government Advocate (Crl. Side)

ORDER

This appeal is filed aggrieved by the judgment dated

30.11.2018 by the learned Assistant District and Sessions Judge,

Thiruvallur in S.C.No.146 of 2017 in and by which, the appellant

is convicted for the offence under Section 307 of the IPC and

sentenced to undergo seven years rigorous imprisonment and to

pay fine of Rs.1,000/- and in default of payment of fine, to

undergo six months of simple imprisonment.

2. The case of the prosecution is that on 04.05.2015, at

about 07.00 pm, in Kamakkambedu Village, in front of the house

of one Ezhumalai, the accused was quarreling with his parents

and was trying to attack his own parents. Therefore, one Kumar

intervened in the quarrel and enraged by the same, the accused

hit him on the head with iron pipe, on account of which, he

sustained grievous injury. PW10 investigated this case and filed

https://hcservices.ecourts.gov.in/hcservices/

charge sheet before the Judicial Magistrate I, Thiruvallur which

was taken on file as PRC No.21 of 2014 and after issue of copies

under Section 207 of the Code of Criminal Procedure, the case

was committed to the Court of Sessions and thereafter, made over

to the Trial Court and taken on file as SC No.146 of 2017. Upon

the charges being framed under Sections 307, 294(b) and 506(ii)

of the IPC, the appellant denied the charges and stood trial.

The prosecution examines PW1 to PW10 and Exhibits P1 to P14

marked and produced the iron pipe as MO1. Upon being questioned

about the evidence on record and incriminating circumstances

under Section 313 of the Code of Criminal Procedure, the

appellant denied the same as false. Thereafter, no evidence was

let in on behalf of the defense and the Trial Court proceeded to

hear the learned Additional Public Prosecutor and leaned counsel

for the accused and by the judgment dated 30.11.2018, while

acquitting the appellant for offences under Sections 294(b) and

506(ii), convicted the appellant for the offence under Section

307 and sentenced him as aforesaid. Aggrieved by the same, the

present appeal is filed.

3. Learned counsel for the appellant, though initially

argued on merits submitted that the injured victim Kumar though

alive at that time, was not even examined and there are several

flaws in the investigation, however, in view of the fact that

the petitioner is in prison from 30.11.2018, restricted his

arguments on the question of sentence alone. He would submit

that there was no pre-planning or motive in the incident. There

was a quarrel between the family members, in which enraged by

the fact that a third party was unnecessarily intervening, in

sudden fit of rage, one single blow with the iron pipe was

given. Thereafter, it may be seen that the victim was treated as

in-patient only for seven days and thereafter he was discharged.

The petitioner was 28 years of age as of the time of occurrence.

He has since to shown remorse for his conduct and is in prison

for a period of three years, six months and twenty one days and

before conviction also he was in prison for a period of twenty

nine days.

4. Therefore, considering the nature of offense and the

young age of the accused, and his subsequent good conduct inside

the prison and the fact that one opportunity has to be g