Crl.A.No.335 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.03.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

Crl.A.No.335 of 2020

T.Eswaramoorthy

.. Appellant

/versus/

State rep. by Deputy Superintendent of Police,

Karumathampattu Sub Division,

Coimbatore District.

Crime No.176 of 2015

.. Respondent

Prayer : Criminal Appeal has been filed under Section 374(2) of

Crl.P.C., to allow the appeal and set aside the judgment passed against the

appellant on 24.07.2020 in Spl.S.C.No.19 of 2016 on the file of the

learned Principal District and Sessions Judge, Coimbatore and acquit him

from the charge.

For Appellant

:Mr.A.Thiyagarajan

For Respondents

: Mr.R.Kishore Kumar

Government Advocate(crl.side)

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Crl.A.No.335 of 2020

JUDGMENT

This appeal against the order of conviction is preferred by the sole

accused, who was found guilty and sentenced him to undergo one year SI

and to pay a fine of Rs.10,000/-, in default, to undergo 3 months SI for the

offence punishable under Section 325 of IPC.

2.The case of the prosecution is that, on 14.09.2015 at 05.30 p.m.,

while Nagaraj (PW1) was grazing cattle in the field of Nataraj Gounder of

Mamballi village, the accused and his six years old son came in a two

wheeler and stopped at the place, where Nagaraj (PW1) was grazing the

cattle. The accused used abusive language and questioned him, why he has

not come for work in his field, but grazing the cattle in his field. Then, he

took a wooden stick and started beating Nagaraj on the right wrist and

forehead. Also kicked him over chest by his legs, causing pain and injury.

Thereafter, the accused threatened the injured witness saying if he comes

to his land again, he will be killed. The injured witness belonged to the

scheduled caste. For having abuse him by using caste name, hitting him

with stick and kicked on his chest, the prosecution has registered a case in

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Crl.A.No.335 of 2020

Crime No.176 of 2015 under Sections 294(b), 324, 506(i) r/w 3(1)(s) of

SC/ST Act, 2015. On completion of investigation, based on the materials,

the trial Court framed charges as found in the Final Report.

3. To prove the charges, the prosecution has examined 10 witnesses,

marked 11 exhibits and two material objects. The trial Court found that,

the prosecution has proved that the fractured injury at the left hand

sustained by PW-1 was caused by the accused using M.O.1 (Wooden

Stick). As far as the other charges are concerned, the trial Court found

that the prosecution failed to prove the case beyond reasonable doubt. For

the proved charge, the Trial Court has convicted the accused for the

offence under Section 325 of IPC and sentenced him to undergo 1 year SI

and to pay a fine of Rs.10,000/- in default, to undergo 3 months SI.

4. The learned counsel appearing for the appellant submitted that

there is an inordinate delay in registering the First Information Report by

more than 24 hours and another 24 hours in forwarding the First

Information Report to the Magistrate. The Accident Report (Ex.P6), which

is the contemporaneous document recorded soon after the incident clearly

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Crl.A.No.335 of 2020

state that, PW-1 was assaulted by an unknown person. The intimation to

the police had been sent immediately after admitting PW-1. While so, the

First Information Report registered almost 24 hours after the occurrence

says that, the accused is the assailant, who caused the injury. This First

Information Report is based on the complaint (Ex.P-1) alleged to have

been given by the defacto complainant (PW-1) 24 hours after the

occurrence.

5. As far as the veracity of this complaint, the learned counsel

appearing for the appellant submitted that, the complaint(Ex.P1) contains

LTI of the complainant. It is supposed to have been registered on