Crl.A.(MD)Nos.104, 135 & 168 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on: 11.09.2023

Delivered on: 26.09.2023

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL

Crl.A.(MD)Nos.104, 135 & 168 of 2017

Crl.A.(MD)No.104 of 2017

Balamurugan

... Appellant

Vs.

State through

The Deputy Superintendent of Police,

Samayanallur Sub Division,

Madurai District.

(Crime No.14 of 2008) ... Respondent

Prayer : Criminal Appeal filed under Section 374 of the Code of

Criminal Procedure, to call for the records in Special Case No.29 of

2011 on the file of the learned III Additional District and Sessions

Judge (PCR Cases) Madurai and set aside the order of conviction

and sentence dated 02.03.2017 awarded against the appellant.

For Appellant

: Mr.N.Ananthapadmanabhan,

Senior Counsel for Mr.T.Amjadkhan

For Respondent

: Mrs.M.Aasha,

Government Advocate(Crl.side)

Crl.A.

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Crl.A.(MD)Nos.104, 135 & 168 of 2017

(MD)No.135 of 2017

Lacham

... Appellant

Vs.

1.State rep by

The Deputy Superintendent of Police,

Samayanallur Sub Division,

Madurai District.

2.The Inspector of Police,

Samayanallur Police Station,

Samyanallur, Madurai District.

In Cr.No.14 of 2008

... Respondents

Prayer : Criminal Appeal filed under Section 374(2) of the Code of

Criminal Procedure, to set aside the judgment and conviction dated

02.03.2017 by the learned III Additional District and Sessions

Judge (PCR), Madurai in SC.No.29 of 2011 and acquit the appellant

from all the charges.

For Appellant

: Mr.N.Madhavan Govindan

For Respondents : Mrs.M.Aasha,

GovernmentAdvocate(Crl.side)

Crl.A.(MD)No.168 of 2017

Karuppiah

... Appellant

Vs.

State through

The Deputy Superintendent of Police,

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Crl.A.(MD)Nos.104, 135 & 168 of 2017

Samayanallur Sub Division,

Madurai District.

(in Cr.No.14 of 2008)

... Respondent

Prayer : Criminal Appeal filed under Section 374(1) of the Code of

Criminal Procedure, to call for the records pertaining to the order

of conviction in Spl.S.C.No.29 of 2011 dated 02.03.2017 passed by

the learned III Additional District and Sessions Court(PCR),

Madurai and set aside the same by allowing the appeal.

For Appellant

: Mr.C.Prabakaran

For Respondent

: Mrs.M.Aasha,

GovernmentAdvocate(Crl.side)

COMMON JUDGMENT

These Criminal Appeals have been filed as against the

judgment and conviction passed by the learned III Additional

District and Sessions Judge (PCR Cases) Madurai in S.C.No.29 of

2011 dated 02.03.2017. The appellant/Balamurugan in Crl.A.

(MD)No.104 of 2017 was arrayed as A2. The appellant/Lacham in

Crl.A.(MD)No.135 of 2017 was arrayed as A3.

The

appellant/Karuppiah in Crl.A.(MD)No.168 of 2017 was arrayed as

A1. In the trial Court, charges were framed as against the accused

for the offences under Sections 147, 324 r/w 149(2 counts), 323 r/w

149(4 counts) IPC and Section 3(1)(x) (5 counts) of SC/ST(POA)Act.

The trial Court convicted the accused for the offence under

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Crl.A.(MD)Nos.104, 135 & 168 of 2017

Sections 147, 324 r/w 149 (2 counts), 323 r/w 149 (3 counts) IPC

and acquitted the accused for the offence under Section 3(1)(x) (5

counts) of SC/ST(POA)Act.

2.The trial Court sentenced the appellants to undergo three

months rigorous imprisonment and to pay a fine of Rs.500/- each in

default to undergo one week simple imprisonment for the offence

under Section 147 IPC and to undergo one year rigorous

imprisonment and to pay fine of Rs.1,000/- each for each count in

default to undergo one month simple imprisonment for the offence

under Section 324 r/w 149 (2 counts) IPC and also sentenced them

to undergo six months rigorous imprisonment and to pay fine of

Rs.500/- each for each count in default to undergo one month

simple imprisonment for the offence under