IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN

1. K.B.Sivakumar

2. K.B.Moorthy ..Petitioners Vs The State rep by The Inspector of Police, Kothagiri Police Station, Nilgiris District Cr No.44 of 2016 ..Respondent Prayer : Criminal Revision Case is filed under Section 397 read with Section 401 of Cr.P.C., to call for the records relating to the judgment dated 28.05.2018 in C.C.No.38 of 2016 on the file of the Learned Judicial Magistrate Court, Kothagiri, as modified by the judgment dated 15.04.2021 in Crl.A.No.34 of 2018 on the file of the Learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Udhagamandalam at Nilgiris and set aside the conviction and sentence imposed against the petitioners and allow the Crl.R.C.

For Petitioners: Mrs.AL.Gandhimathi Senior Counsel for Mr.A.Ramkumar For Respondent: L.Baskaran Government Advocate (Crl.Side)

ORDER

This Criminal Revision Case has been filed as against the Judgment dated

15.04.2021 passed in C.A.No.34 of 2018 on the file of the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Court), Udhagamandalam at Nilgiris, thereby modifying the sentence alone and confirming the conviction passed by the Judicial Magistrate, Kothagiri, in C.C.No.38 of 2016, dated

28.05.2018, for the offence punishable under Section 326 of IPC.

2. The case of the prosecution is that P.W.1 had succeeded in a civil dispute in O.S.No.148 of 2013 on the file of the Subordinate Court, Udhagamandalam, in respect of the property comprised in Survey No.495/5 situated at Kagguchi Village, Udhagamandalam. While being so, on 19.01.2016 at about 9.45 p.m. P.W.1, along with his wife, went to the said land for plucking tea leaves. At that juncture, the accused came there and scolded them with filthy language as to why they were plucking tea leaves in the said property and also attacked them with cyber wood. Due to which, P.W.1 sustained grievous injuries, including fracture, and was immediately taken to the hospital for treatment. Based on the statement given by P.W.1, the respondent registered an FIR in Crime No.34 of 2016 as against the petitioners for the offence punishable under Sections 294(b), 326 and 506(i) of IPC.

3. After completion of the investigation, the respondent filed a final report and the same has been taken cognizance by the Trial Court in C.C.No.34 of 2018 for the offence punishable under Section 326 of IPC.

4. In order to bring home the charges, the prosecution had examined P.W.1 to P.W.9 and marked Exs.P1 to P10. The prosecution has also produced M.O.1 and M.O.2. On the side of the accused, no witnesses were examined and no documents were marked, to disprove the charge.

5. On perusal of the oral and documentary evidence, the Trial Court found the accused guilty of the offence punishable under Section 326 of IPC and sentenced them to undergo three years rigorous imprisonment and to pay a fine of Rs.5,000/- in default, to undergo one month simple imprisonment. Aggrieved by the same, the accused preferred an appeal. The Appellate Court confirmed the conviction for the offence punishable under Section 326 of IPC and modified the sentence alone from three years to one year rigorous imprisonment. Aggrieved by the same, the present Criminal Revision Case has been filed.

6. The learned Senior Counsel appearing for the petitioners submitted that, though the occurrence took place on 19.01.2016, an FIR was registered only on 27.01.2016. There was a huge delay of eight days in registering the FIR. There is absolutely no explanation forthcoming from the prosecution for such delay. Though the prosecution had examined P.W.6, the Doctor who treated the injured, no X-Ray or other supporting medical documents were produced before the Trial Court to substantiate the claim of grievous injuries sustained by the victim. The Accident Register alone was marked as Ex.P4 before the Trial court. Therefore, the prosecution has miserably failed to prove that