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Crl.RC.No.1841 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

Crl.RC.No.1841 of 2023

1. Arunagiri

2. Balu @ Balachandran ... Petitioners

Vs.

State represented by

The Inspector of Police,

Gingee Police Station,

Villupuram District.

(Crime No.714 of 2013) ... Respondent

Prayer: Criminal Revision Case is filed under Section 397 r/w 401 of

Criminal Procedure Code, 1973, to set aside the judgment and conviction

passed in C.A.No.63 of 2023 dated 29.09.2023 on the file of the I-Additional

Sessions Judge, Tindivanam, confirming the conviction made in C.C.No.115

of 2014 on the file of the Judicial Magistrate, Gingee.

For Petitioners : Mr.V.K.Sathiamurthy

For Respondent : Mr.R.Vinothraja

Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case challenges the judgment of

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Crl.RC.No.1841 of 2023

conviction and sentence imposed by the learned I-Additional Sessions

Judge, Tindivanam in C.A.No.63 of 2023 dated 29.09.2023, confirming the

nd

conviction and modifying the sentence imposed on the 2 petitioner alone of

the judgment dated 16.06.2023 passed in C.C.No.115 of 2014 by the learned

Judicial Magistrate, Gingee.

2. The trial Court found that the petitioners were guilty of the

offences under Sections 324 and 326 r/w 34 of IPC and sentenced them

imprisonment as follows:

Accused Offence under Section Sentence imposed

Rank

A1 326 r/w 34 IPC To undergo SI for three years and to pay a fine of

Rs.1,000/- in default to undergo SI for two months.

A2 326 IPC To undergo SI for three years and to pay a fine of

Rs.1,000/- in default to undergo SI for two months.

324 IPC To undergo SI for three years

Sentences were ordered to run concurrently.

3. On appeal, the appellate Court while confirming the

conviction rendered by the trial Court had modified the sentence imposed on

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Crl.RC.No.1841 of 2023

nd

the 2 petitioner alone as follows:

Accused Offence under Sentence imposed

Rank Section

A1 326 r/w 34 IPC To undergo SI for three years and to pay a fine of

Rs.1,000/- in default to undergo SI for two months.

A2 326 IPC To undergo SI for three years and to pay a fine of

Rs.1,000/- in default to undergo SI for two months.

324 IPC To undergo SI for one years

4. The case of the prosecution is that on account of prior

enmity, the petitioners / Accused 1 and 2 attacked P.W.1 to P.W.4, who are

closely related to them with hands, sticks and stones; that P.W.1 sustained

grievous injuries, and P.W.2 to P.W.4 sustained simple injuries and thus the

petitioner committed the offences.

5. The prosecution has examined eight witnesses to prove its

case. P.W.1 to P.W4 are the injured witnesses. P.W.5 Doctor, who had

examined the victims and made entires in the Accident Register. P.W.6 is the

Observation Mahazer witness. P.W.7 is the Sub-Inspector of Police, who

registered the F.I.R and handed over the investigation to P.W8, who is the

Investigating Officer.

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Crl.RC.No.1841 of 2023

6. The learned counsel for the petitioners would submit that the

findings of the Courts below are perverse; that the complaint was lodged

belatedly as an after thought; that the prosecution had suppressed the counter

st

complaint given by the 1 petitioner against P.W1 and others, which was

registered in Crime No.715 of 2013 for the offences under Sections 147,

148, 294(b), 323, 324 and 506(ii) IPC; that the Investigating Officer had

suppressed the said case and had filed the final report in the case against the

petitioners in violation of Police Standing Order 566 (Old PSO 588).

7. The learned Government Advocate (Crl. Side) for the

respondent would fairly submit that there was a case registered against the

victims on the complaint given by the first petitioner in Crime No.715 of

2013. However, the said F.I.R wa