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Bail Slip

Crl RC(MD)No.290 of 2016

Dhakshinamurthy, S/o.Natesan, was released on Bail vide Court

order dated 20.06.2016, made in Crl. MP(MD)No.3906/2016 in CRL RC

(MD)No.290 of 2016.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON

19.01.2021

DELIVERED ON

03.02.2021

CORAM :

THE HONOURABLE MRS.JUSTICE S.ANANTHI

Crl.RC(MD)No. 290 of 2016

Dhakshinamurthy

... Petitioner/Appellant/accused

Vs.

The Inspector of Police,

CBCID, Thanjavur,

(Crime No.9 of 2006)

...Respondent/Respondent/Complainant

PRAYER: Petition filed under Section 397 & 401 of the Criminal

Procedure Code, to set aside the order, dated 15.03.2016 made in

C.A. No.40 of 2015 on the file of the learned Principal Sessions

Judge, Thanjavur, confirming the Judgment made in C.C. No. 181 of

2010 on the file of the learned Judicial Magistrate, Thanjavur,

dated 22.06.2015 and allow the above Criminal Revision.

For Petitioner

: Mr.Veera Kathiravan

Senior Advocate for

Mr.C. Gangai Amaran

For Respondent

: Mrs.M. Anantha Devi

Government Advocate (crl. side)

*****

ORDER

This Criminal Revision case has been filed to set aside the

order, dated 15.03.2016 in C.A. No.41 of 2015, passed by the

learned Principal Sessions Judge, Thanjavur, confirming the

Judgment, dated 22.06.2015 in C.C. No. 181 of 2010, passed by the

learned Judicial Magistrate, Thanjavur.

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

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2. The petitioner/accused was tried before the trial Court.

The trial Court, in conclusion of the trial, by judgment dated

22.06.2015 in C.C. No.181 of 2010, found the accused guilty,

convicted and sentenced to undergo One year simple imprisonment

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

imprisonment for Two weeks, for the offence under Section 471 r/w

468 of IPC.

3. As against the judgment of conviction and sentence, the

accused preferred an appeal before the learned Principal Sessions

Judge, Thanjavur, in C.A.No.40 of 2015. The lower appellate Court,

by judgment dated 15.03.2016, dismissed the appeal and confirmed

the conviction and sentence imposed by the trial Court. Aggrieved

over the concurrent findings of the Courts below, the petitioner

has preferred the instant criminal revision case.

4. The case of the prosecution is that the Inspector of CBCID,

Thanjavur, filed a final report before the trial Court against A-1

to A-5 in this case. Before framing of charges, it is reported on

the side of the prosecution that A-2 Gouva Kani as dead and as

such, the offence levelled against her is abated. The 1^st accused

u/s 464 r/w 465 of IPC, the third accused u/s 419 of IPC and the

4^th & 5^th u/s 471 & 468 of IPC have been charged by the trial Court.

After full contest, A-1, A-3 to A-5 have been convicted and

sentenced by the trial Court and against the conviction, the

petitioner herein preferred an appeal in C.A.No.40 of 2015. The

appellate Court confirmed the order of conviction. Aggrieved over

the same, the petitioner is before this Court.

5. Heard Mr.Veera Kathiravan, Senior Advocate for Mr.C.

Gangai Amaran, learned

Counsel representing the revision

petitioner and Mrs.M.Anantha Devi, learned Government Advocate

(Crl. Side) representing the respondent / State.

6. The learned Senior Counsel for the revision petitioner

submitted that the petitioner was working as an Inspector of

Police, Nadukaveri Police Station and at that time the alleged

accident took place and the petitioner registered a complaint

which was given by P.W.4. He further submitted that P.W.12,

Investigating Officer has deposed before the trial Court that the

RC book, insurance policy of the vehicle bearing regn. No. TN-L-

5991 lorry are genuine in nature and no alteration has been made

in the said documents. And therefore, there is no case made out

against the petitioner under Section 471 r/w 468 of IPC. He

further su