In a criminal revision challenging a conviction for assault, this Court upheld the conviction but enhanced the fine on the petitioner due to a family relationship dispute over land.
Sentence of imprisonment treated as undergone; fine against petitioner enhanced to Rs. 25,000/- payable within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2017
CORAM
THE HONOURABLE MR. JUSTICE C.T.SELVAM
Crl.R.C.No.816 of 2010
Durairaj
S/o.Natesa Udayar ... Petitioner
vs
The State of Tamil Nadu,
represented by
Inspector of Police,
Thammampatti Police Station,
Salem District. ... Respondent
Criminal Revision filed under section 397 r/w 401 of the Code of
Criminal Procedure, against the judgment of learned Additional District and
Sessions Judge, Salem, passed in C.A.No.47 of 2009 on 08.02.2010 modifying
the judgment of learned Assistant Sessions Judge, Athur, passed in S.C.No.258
of 2008 on 29.04.2009.
For Petitioner : Mr.C.K.M.Appaji For Respondent : Mr.V.Arul Additional Public Prosecutor *****
O R D E R
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This revision is preferred against judgment of learned Additional District
and Sessions Judge, Salem, passed in C.A.No.47 of 2009 on 08.02.2010.
there was a quarrel between complainant and accused owing to a land dispute. Petitioner/A1 assaulted complainant using a koduval and caused injuries, second accused used a stick and third accused abused her in bad language. A case was registered in Crime No.405 of 2007 on the file of respondent for offences u/s.294(b), 341, 323, 324 and 506(ii) IPC. Upon completion of investigation and filing of charge sheet informing commission of offences u/s.307, 323, 294(b) and 325 r/w 34 IPC before learned Judicial Magistrate II, Athur and pursuant to committal, the case was tried in S.C.No.258 of 2008 on the file of learned Assistant Sessions Judge, Athur.
34, 325 r/w 34 IPC, second accused of offences u/s.307 r/w 34, 323, 325 r/w
34 IPC, third accused of offences u/s.307 r/w 34, 323 r/w 34, 325 r/w 34 IPC
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and fourth accused for offences u/s.307 r/w 34, 323 r/w 34, 294(b) and 325, convicted first accused of offence u/s.324 IPC and sentenced him to 1 year S.I. and fine of Rs.1,000/- i/d 3 months S.I. and third accused of offence u/s.294(b) IPC and imposed fine of Rs.500/- i/d 2 weeks S.I. There against, petitioners preferred C.A.No.47 of 2009 on the file of learned Additional District and Sessions Judge, Salem. Appellate Court, under judgment dated 08.02.2010, while acquitting third accused, confirmed the finding of conviction
as against petitioner/A1. Hence, this revision.
Prosecutor as also perused the materials on record.
the finding of conviction entered upon by Courts below. However, considering
the relationship between parties viz., that revision petitioner/A1 is the brother of PW-1 and the quarrel is over trees bordering their adjacent houses, this
Court modifies the sentence as follows:
“the sentence of imprisonment against petitioner/A1 shall be
treated as already undergone. Instead of fine of Rs.1,000/- the
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C.T.SELVAM, J
gm
same shall be enhanced to Rs.25,000/- which is to be paid within a period of three months from today i/d 6 months R.I. In keeping with Section 357 Cr.P.C., fine amount shall be paid as compensation to the de facto complainant.”
This Criminal Revision is disposed of with the above modification.
18.08.2017
Index:yes/no
Internet:yes/no
gm
To
1.The Additional District and Sessions Judge,
Salem.
2.The Assistant Sessions Judge,
Athur.
3.The Inspector of Police,
Thammampatti Police Station,
Salem District.
4.The Public Prosecutor,
High Court, Madras.
Crl.R.C.No.816 of 2010
1 issue framed by the court
Whether the Criminal Revision against the conviction and sentencing of the petitioner should be modified considering family relationship.
2 provisions across 1 enactments
Durairaj
The State of Tamil Nadu
C.T. Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
