BAIL SLIP

The Petitioner/Accused Kumar, aged 47 Years S/o.Rajagopal

was directed to be released on bail as per order of this court

dated 25.01.2019 in Crl.M.P.No.1118/2019 in Crl.A.No.57/2019 on

the file of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022

CORAM

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

Crl.A.No.57 of 2019

Kumar

...Appellant/accused

Vs.

State by Inspector of Police,

Edaiyur Police Station,

(Cr.No.132 of 2008)

...Respondent

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

Criminal Procedure, against the judgment of conviction and

sentence imposed upon the appellant by the learned District and

Sessions Judge, Thiruvarur, in

S.C.No.108 of 2010

dated

21.12.2018.

For Appellant

: Mr.K.Sukumaran

For Respondent : Mr.Leonard Arul Joseph Selvam,

Government Advocate(crl.side)

J U D G M E N T

The present appeal has been filed by the appellant / accused

against the judgment of conviction and sentence imposed upon him

by the learned District and Sessions Judge, Thiruvarur, in

S.C.No.108 of 2010 dated 21.12.2018.

2.The appellant herein is the sole accused in the above

referred case. He stood charged for the offence punishable under

Sections 452, 294(b), 326 and 506(ii) of IPC and Section 3(1) of

Tamilnadu Property (Prevention of Damage and Loss) Act, 1992.

After a full fledged trial, the learned District and Sessions

Judge found the accused guilty under Sections 452, 294(b), 326

of IPC and Section 3(1) of Tamilnadu Property (Prevention of

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Damage and Loss) Act, 1992, convicted and sentenced as follows:

Offence

Sentence

Under Section

452 of IPC

to undergo six months simple imprisonment and to

pay a fine of Rs.1,000/- in default, to undergo

one month simple imprisonment

Under Section

294(b) of IPC

to pay a fine of Rs.300/- in default, to undergo

one week simple imprisonment

Under Section

326 of IPC

to undergo one year simple imprisonment and to

pay a fine of Rs.1,000/- in default, to undergo

two months simple imprisonment

Section 3(1)

of Tamilnadu

Property

(Prevention

of Damage and

Loss) Act

to undergo eighteen months simple imprisonment

and to pay a fine of Rs.1,000/- in default, to

undergo three months simple imprisonment

The trial court also ordered the sentences to run concurrently

3.Challenging the said conviction and sentence, the accused

is before this Court by way of filing the present criminal

appeal.

4. The case of the prosecution, in brief, is as follows:-

(i)P.W.2-Sumathi is the daughter in law of P.W.1-Surendran.

The domestic servant working in the house of P.W.1 is P.W.3. On

08.08.2008 around 1.30 a.m., when at the time P.W.1 was in his

residence along with P.W.2 and P.W.3, the accused-Kumar came

there along with wooden log and abused the P.W.2 by using filthy

language. When the same was questioned by P.W.1, the accused

after pushing her down, stamped on her neck. Further, he

criminally intimidated P.W.1 and later, he damaged the T.V.,

torch light and one car bearing registration No.TN 01 AB 7758

and caused damage to the tune of Rs.1,00,000/-. Later, around

3.00 p.m., P.W.1 brought the P.W.2 to the Best Hospital and

admitted her as an in-patient.

(ii) P.W.8-Dr.Ravi attached to the said hospital, on

08.08.2008 around 7.50 p.m. examined the P.W.2 and found the

following injuries:

(1) contusion over right shoulder size 3x4 cm

(2) contusion over right upper back 4x4 cm

He issued wound certificate under Ex.P6 as injury No.1 is

grievous and the other injury sustained by P.W.2 is simple in

nature.

(iii)In the meanwhile, P.W.10-Natarajan, the then Inspector

of Police, on the same day around 15.30 hrs, received the

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complaint from P.W.1 and registered a case in crime No.132 of

2008 under Sections 147, 148, 294(b), 323, 448