BAIL SLIP

The Appellants/accused, Viz 1) Velumani S/o.Kanakasabai, 2)

Veeramani 3) kalaivanan 4) Tamilmani 5) Selvamani 6) Arulmozhi

7) Sundarmani were released on bail as per the order of this

Court Crl.MP.No.1 of 2009, in CRl.A.No.7/2009, dated 07/01/2009.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH

Crl.A.No.7 of 2009

1. Velumani, S/o Kanakasabai

2. Veeramani

3. Kalaivanan

4. Tamilmani

5. Selvamani

6. Arulmozhi

7. Sundarmani

.. Appellants

Vs.

State rep. by

The Inspector of Police,

Senthurai Police Station,

Perambalur District.

(Crime No.143 of 2007)

.. Respondent

Criminal Appeal filed under Section 374(2) Cr.P.C. against

the judgment dated 15.12.2008 in S.C.No.76 of 2008 on the file

of the Additional District and Sessions Court/Fast Track Court,

Ariyalur.

For appellants : Mr.P.Tamilavel

For respondent : Mr.P.Govindarajan,

Additional Public Prosecutor

JUDGMENT

This appeal is filed by the appellants/A1 to A7 challenging

the judgment dated 15.12.2008 in S.C.No.76 of 2008 on the file

of the Additional District and Sessions Court/Fast Track Court,

Ariyalur, whereby the appellants were convicted and sentenced as

tabulated hereunder:

https://hcservices.ecourts.gov.in/hcservices/

Sl.

No.

Rank of

Accused

Conviction

under Section

Sentence of

imprisonment

Fine

1

A1 to A7

Section148 IPC

one

year

rigorous

imprisonment

Rs.500/-,

in

default,

to

undergo

one

month

simple

imprisonment

2

A1 to A7

Section324 IPC

three

years

rigorous

imprisonment

Rs.1,000/-, in

default,

to

undergo three

months simple

impri

A1 to A3 were acquitted of the charge under Section 307 IPC and

A4 to A7 were acquitted of the charge under Section 307 read

with 149 IPC. The trial Court ordered the sentences imposed on

the appellants to run concurrently.

2. It is the case of the prosecution that on 07.10.2007,

when P.W.1/de-facto complainant along with one Thamizharan, was

having their tiffin in the tiffin shop of A1 and while having

tiffin, A1 indulged in quarrel with P.W.1, by uttering filthy

language, stating that there was an outstanding amount of

Rs.1,500/- due from him towards the earlier food consumption

charges from his tiffin shop. Unable to tolerate the words

uttered by A1, P.W.1 also scolded A1. On the same night at

about 10 p.m., A1, A2, A3, A6 and A7 went to the house of P.W.1

and pulled him out. At that time, P.W.1's wife pulled the grill

gate and while doing so, the grill gate hit on the forehead of

A2, due to which, he sustained injuries. All the accused persons

shouted at P.W.1, stating that they would see him on the next

day morning. Again on 08.10.2007 at about 12.30 p.m., when P.W.1

was in his cycle shop, A4 to A7, armed with wooden reaper and

A1 to A3, armed with iron pipe, came there and assaulted P.W.1

indiscriminately. Unable to tolerate the assault, P.W.1 made a

hue and cry and raised an alarm, and at that time, P.Ws.2 and 3

came there and shouted at the accused persons to leave free

P.W.1. In the meanwhile, on hearing the news, P.W.1's wife also

came there and the accused persons ran away from the spot.

P.W.1 was taken to Jayankondam Government Hospital and at that

time, P.W.1 was in unconscious state and thereafter, he was

taken to Thanjavur Government Medical College Hospital. Early

morning at about 2 a.m on 09.10.2007, P.W.12 Sub-Inspector of

Police, on receiving the intimation from the hospital, went to

Thanjavur Government Medical College Hospital and recorded the

statement from P.W.1. Thereafter, he came back to the Police

Station and registered the case in Cr.No.143 of 2007 for the

offences under Sections 147, 148, 324 and 307 IPC and forwarded

the FIR to the jurisdictional Court and also sent the copies of

https://hcservices.ecourts.gov.in/hcservices/

case papers to higher officials. Thereafter, P.W.13 Inspector of

Police who was in-charge of Sendurai Police Station, co