Bail Slip

The Petitioner/Accused namely Murugesan(M/Aged about 35

Years) S/o.Loganathan was directed to be released on bail in and

by the order of this Court dated 18.11.2016 and made in

Crl.MP.No.11288/2016 in Crl.RC.No.1246 of 2016. On the file of

this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA

Crl.R.C.No.1246 of 2016

Murugesan

... Petitioner/Accused

Vs.

State rep. by Special Sub Inspector of Police,

Thimri Police Station,

Vellore District.

(Crime No.361 of 2009)

... Respondent/Complainant

Criminal Revision Case filed under Section 397 & 401

Cr.P.C. seeking to call for the records on the file of the

learned II Additional District and Sessions Judge, Vellore at

Ranipet, Vellore District in Crl.A.No.29 of 2011 dated

16.09.2016 confirming the judgement in C.C.No.5 of 2010 on the

file of the learned District Munsif cum Judicial Magistrate,

No.1, Walajapet, Vellore District dated 10.01.2011 and to set

aside the judgement dated 16.09.2016.

For Petitioner : Mr.E.Kannadasan

For Respondent : Mr.A.Gopinath

Government Advocate (Crl.Side)

ORDER

This Criminal Revision Case is preferred challenging the

judgement of the learned II Additional District and Sessions

Judge, Vellore at Ranipet dated 16.09.2016 in C.A.No.29 of 2011.

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

2. The case of the prosecution is that on 10.11.2009 at

about 6 pm the accused assaulted the defacto complainant

Deivanayagi, her husband Jayakumar and her daughter Poongavanam

with hands and firewood and caused grievous injury to P.W.1 and

simple injuries to Poongavanam and Jayakumar. The occurrence is

said to have taken place in front of the house of the accused.

Immediately after the occurrence, P.W.1 – defacto complainant

and her husband – P.W.2 were taken to hospital. P.W.8

Dr.Priyalatha had registered the Accident Register when P.W.1

and P.W.2 were brought to the Government Hospital Walajapet for

treatment. On the intimation received from the hospital, P.W.9

– Thagur, Head Constable of Thimiri Police Station went to the

Walajapet Hospital and recorded the statement of P.W.1.

2.1 After receiving the statement of P.W.1, he registered a

case in CSR No.329 of 2009. An enquiry was conducted on the

said CSR by the Sub-Inspector of Police. On 23.11.2009, the CSR

was converted into an F.I.R. in Crime No.361 of 2009 under

Sections 323, 324 & 325 of IPC. P.W.10 took up the case for

investigation, went to the place of occurrence, prepared

observation Mahazar and rough sketch and examined the witnesses;

he has also recovered the firewood which was used as weapon for

the occurrence from P.W.11; when P.W.11 handed it over to him,

the said firewood was seized under the seizure Mahazar in the

presence of witnesses. The accused was arrested on the same day

at about 4.45 pm and sent for remand. He also examined the

doctor who treated P.W.1 & P.W.2 and got wound certificate.

After the completion of the investigation, charge sheet was

filed against the accused under Sections 323, 324 & 325 IPC.

2.3 After observing the legal mandates and on being

satisfied that there are sufficient materials available on

record, the learned trial Judge framed charges against the

accused under Sections 323(2), 324 & 325 IPC. Since the accused

denied the charges and claimed to be tried, trial was conducted.

3. During the course of the trial, on the side of the

prosecution, 11 witnesses were examined as P.W.1 to P.W.11 and 7

documents were marked as Exs.A1 to A7. The firewood used for

the occurrence was marked as M.O.1. On the side of the defence,

no witness was examined and no document was marked.

4. At the conclusion of the trial and on consideration of

the materials on record, the learned trial Judge found the

accused guilty