Crl.RC.No352 & 253 of 2020

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.

https://www.mhc.tn.gov.in/judis

Crl.RC.No352 & 253 of 2020

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

https://www.mhc.tn.gov.in/judis

Crl.RC.No352 & 253 of 2020

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

s