Dismissed¶80

Palani @ Palanikumar, v. the Asst.Commissioner of

Madras HC7 Apr 2025CRL A(MD)/216/2018

Case brief

AI extract

What is this about?

Appeals DISMISSED; conviction and sentence under Sections 148/147, 324 r/w 149, 323 r/w 149 IPC and Section 3(1)(x) SC/ST Act CONFIRMED. Injured eyewitnesses P.W.1 and P.W.2 believed; corroborated by doctor P.W.9 (Ex.P.10, simple injuries); lack of independent corroboration/medical evidence for each injury held immaterial. Default-sentence reduction plea on age grounds rejected given 14 previous cases (A1) and 8 previous cases (A3). Bail bonds cancelled; trial Judge to secure accused. Madurai Bench of Madras High Court, K.K.Ramakrishnan, J., 07.04.2025; Crime No.329 of 2016; Spl.S.C.No.82 of 2017.

What did the court decide?

From the evidence of P.W.1, P.W.2 and P.W.9 the prosecution clearly proved the injuries caused by the appellants; the injuries on P.W.10 were recorded as simple injuries in the Accident Register marked as Ex.P.10.

Palani @ Palanikumar, Vs the Asst.Commissioner of — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the trial court rightly convicted the appellants under Sections 148/147, 324 r/w 149 and 323 r/w 149 IPC and Section 3(1)(x) SC/ST Act on the evidence of P.W.1 and P.W.2 without corroboration by an independent witness and without corresponding medical evidence. +1 more

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Court's answer

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Ratio / Principle

This Court finds no reason to disbelieve the evidence of the injured witnesses; nothing was elicited in cross-examination to disbelieve their evidence, and the injuries deposed to were corroborated by the medical evidence of P.W.9, so the charges were proved beyond reasonable doubt.

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Key takeaways

There is no ground to interfere with the conviction and sentence passed by the learned trial Judge.ratio¶59
The plea to reduce the default sentence on account of the appellants' age was rejected in view of their previous cases (14 previous cases against A1 Palani @ Palanikumar and 8 against A3 Sivaraman, details produced by the Additional Public Prosecutor).ratio¶79

Detailed headnote1 paragraphs

Criminal appeals (Crl.A(MD)Nos.216 & 250 of 2018) by Accused Nos.1 and 3 against their conviction by the III Additional District and Sessions Court (PCR), Madurai, in Spl.S.C.No.82 of 2017 (dated 18.04.2018) for offences under Sections 148/147, 324 r/w 149 and 323 r/w 149 IPC and Section 3(1)(x) SC/ST Act, arising out of Crime No.329 of 2016 (abuse by caste name and assault with a wooden log and stones on 18.02.2016 near Shanthi Vidyalaya School, Nehru Nagar, Vilangudi, Madurai): Held, dismissing the appeals and confirming the conviction and sentence — (i) the deposition of the injured eyewitnesses P.W.1 and P.W.2, unshaken in cross-examination and corroborated by the medical evidence of P.W.9 (Accident Register Ex.P.10 recording simple injuries on P.W.10), proved the charges beyond reasonable doubt, and absence of further independent corroboration or corresponding medical evidence was no ground to interfere; (ii) the plea to reduce the default sentence on grounds of the appellants' age was rejected in view of their antecedents (14 previous cases against A1 and 8 against A3 placed on record by the Additional Public Prosecutor); bail bonds cancelled and the trial Judge directed to secure the appellants to undergo the remaining period of imprisonment.

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Crl.A.(MD).Nos.216 & 250 of 2018

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EFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Reserved On : 09.12.2024 Pronounced On : 07.04.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

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Crl.A(MD)Nos.216 & 250 of 2018

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Palani @ Palanikumar .. Appellant/Accused No.1 (in Crl.A(MD)No.216 of 2018) Sivaraman .. Appellant/Accused No.3 (in Crl.A(MD)No.250 of 2018)

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Vs.

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The State through, The Assistant Commissioner of Police, (Law & Order) Tallakulam, Madurai Town, D2 Sellur Police Station. (In Crime No.329 of 2016)

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.. Respondent/Complainant (in both cases)

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Common Prayer: Criminal Appeals have been filed under Section 374(3) of the Criminal Procedure Code, to call for the records of the case in Special Sessions Case No.82 of 2017 on the file of the III Additional District and Sessions Court (PCR), Madurai, dated 18.04.2018, and set aside the conviction and sentence passed by the III Additional District and Sessions Court (PCR), Madurai, and acquit the Appellants/Accused Nos.1 & 3.

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD).Nos.216 & 250 of 2018

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For Appellants : Mr.M.Kannan For Respondent : Mr.P.Meenakshi Sundaram, Additional Public Prosecutor

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COMMON JUDGMENT

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Since these criminal appeals are arising out of the same Crime No.329 of 2016, these cases are taken up for hearing together and disposed of by way of this common judgment.

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2.. The learned III Additional District and Sessions Court (PCR), Madurai, conducted a trial in Special Sessions Case No.82 of 2017 and

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passed the following conviction and sentence:

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*Sl.N* o	*Crl.A.* *No.*	*Accused* *Name* *and* *Rank* in *Sp.S.C.No.82* *of 2017*	*Conviction* *under Section*	*Sente*	*nce*
1	216 of 2018	Palani @ Palanikumar (A1)	148 of IPC	To undergo *imprisonment* and to pay *Rs.500/-* in undergo *seve* *Simple impriso*	*rigo* of one a fine default *n days* *nment*	*rous* *year* of to of
			324 r/w 149 of IPC	To undergo *imprisonment* and to pay a 1,,000/-in defa simple impris *one month*	*rigo* for one fine of ult to und *onment*	*rous* *year* *Rs.* ergo for

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD).Nos.216 & 250 of 2018

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			323 r/w 149 of IPC	To undergo *imprisonment* monthsand to Rs.250/- in undergo *imprisonment* *days.*	*rigorous* for *six* pay a fine of default to *simple* for *seven*
2.	250 of 2018	Sivaraman (A3)	147 of IPC,	To undergo *imprisonment*o	*rigorous* f*six months*
				and to pay *Rs.250/-* in undergo *seve* *Simple impriso*	a fine of default to *n days* of *nment*
			324 r/w 149 of IPC,	To undergo *imprisonment* and to pay *Rs.1,000/-* in undergo *imprisonment* *month*	*rigorous* for*one year* a fine of default to *simple* for *one*
			323 r/w 149 of IPC,	To undergo *imprisonment* monthsand t of default to und imprisonment *days*	*rigorous* for *six* o pay a fine Rs.250/-in ergosimple for*seven*

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3. The brief facts of the case :-

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The brother of the defacto complainant was studying 12^th standard at the time of occurrence. One week prior to the occurrence dated 18.02.2016, when the brother of the defacto complainant was getting into a bus for going to school, the appellants and the other accused have 3/12

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD).Nos.216 & 250 of 2018

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unlawfully assembled with deadly weapons and abused and assaulted the brother of the defacto complainant by using his caste name. On knowing the said occurrence, they lodged a complaint before the Sellur Police Station. Due to that motive, on 18.02.2016, at about 03.30, when the defacto complainant, his sister and the victim, who is the brother of the defacto complainant were standing near Shanthi Vidyalaya School, Nehru Nagar, Vilangudi, the accused persons came there and abused them by using their caste name and assaulted them with a wooden log and stones and caused injuries. Hence, P.W.10 made a complaint before the respondent police. P.W.8 registered the same in Crime No.329 of 2016 for the offences under Sections 147, 341, 323, 336, 294(b), 506(2) of IPC and Section 3(1)(10) SC/ST Act.

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3.1 After the investigation, P.W.8 filed a final report before the III Additional District and Sessions Court (PCR), Madurai and the same was taken on file in Spl.S.C.No.32 of 2017.

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3.2 After appearance of the accused, copies of records were furnished to them under Section 207 Cr.P.C. The learned Sessions Judge, on perusal of records and on hearing both sides and being satisfied that

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD).Nos.216 & 250 of 2018

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there existed a prima facie case against the accused/appellants, framed charges for the offences under Sections 147, 341, 323, 294(b), 506(2) and Section 3(1)(x) of SC/ST Act against A1 and 147, 341, 323, 336, 294(b), 506(2) and Section 3(1)(x) of SC/ST Act, against A2 to A5, and the same were read over and explained to them and on being questioned, the accused/appellants denied the charges and pleaded not guilty and stood for trial.

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3.3. The prosecution, in order to prove its case, had examined 17

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witnesses as P.W.1 to P.W.13 and exhibited 19 documents as Ex.P.1 to Ex.P.19 and 2 material objects were marked as MO.1 and MO.2. On the side of the appellants no witness was examined and no document was marked.

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3.4.The learned trial Judge after considering the oral and documentary evidence, acquitted the appellants under Section 3(1)(r) & 3(1)(s) of SC/ST Act and 506(ii) r/w Section 3(2)(v)(a) of SC/ST Act, and convicted the appellant in Crl.A(MD)No.216 of 2018 for the offence under Sections 148, 324 r/w 149 of IPC, 323 r/w 149 of IPC and Section

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Crl.A.(MD).Nos.216 & 250 of 2018

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3(1)(x) SC/ST Act, and also convicted the appellant in Crl.A(MD)No.250 of 2018 for the offence under Sections 147, 324 r/w 149 of IPC, 323 r/w 149 of IPC and Section 3(1)(x) SC/ST Act, by the impugned order dated

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18.04.2018 and sentenced them as stated above.

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4.Aggrieved over the same, the appellants filed these appeals on the grounds stated in the memorandum of grounds of appeals.

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The learned counsel for the appellants submitted that the learned

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trial Judge acquitted the accused under Section 3(1)(r) & 3(1)(s) of SC/ST Act and 506(ii) r/w Section 3(2)(v)(a) of SC/ST Act, ought not to have convicted the appellants under Section 324 of IPC on the basis of the evidence of P.W.1 and P.W.2 without any corroboration of the independent witness. Further, submitted no corresponding medical evidence is available to convict the appellants under Section 324 of IPC. He further submitted that there is no material to convict the appellants under the above said convicted offences. Hence, he prayed to allow these appeals by setting aside the conviction and sentence passed by the learned Sessions Judge.

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD).Nos.216 & 250 of 2018

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The learned Additional Public Prosecutor submitted that P.W.1

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& P.W.2 clearly deposed about the unlawful assembly of the accused and injuries caused by them. Hence, the learned trial Judge correctly convicted the appellants.

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6.1. He further submitted that the evidence of P.W.1 and P.W.2 are corroborated by the medical evidence of P.W.9. Therefore, the allegation against the appellants that they along with other accused assaulted P.W.1 and P.W.2 has been proved beyond reasonable doubt and hence, the conviction and sentence imposed by the Court below is liable to be confirmed.

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This Court has considered the rival submission and also perused the entire records and the impugned judgment.

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P.W.1 and P.W.2 clearly deposed that on 18.02.2016 at 03.30 p.m, when both were standing near Shanthi Vidyalaya School Nehru Nagar at Madurai to Vilankudi Road, the juvenile accused in Crl.A(MD)No.216 of 2018 namely, Palani @ Palanikumar and other 5 persons assaulted P.W.1, P.W.2 & P.W.10 with a wooden log and also

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https://www.mhc.tn.gov.in/judis

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Crl.A.(MD).Nos.216 & 250 of 2018

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threw stones on them. In that process, P.W.2 and P.W.10 sustained injuries and P.W.10/defacto complainant was taken to the hospital. P.W. 9, the Doctor deposed that P.W.10 was admitted in the hospital and he gave treatment to him and also produced Accident Register. In the Accident Register, it is stated that the injuries sustained by P.W.10 were simple injuries and the same was marked as Ex.P.10. From the evidence of P.W.1, P.W.2 and P.W.9, the prosecution clearly proved the injuries caused by the appellants. Even though P.W.1 and P.W.2 were subjected to cross examination, nothing was elicited to disbelieve their evidence. Even in the cross-examination, they reaffirmed the assault made by the appellants with a wooden log and stones.

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In the said circumstances, this Court finds no reason to disbelieve the evidence of the injured witnesses. When the independent witness deposed about the injuries caused by the appellants and the same corroborated with the medical evidence of P.W.9, the prosecution clearly proved the charges beyond reasonable doubt. Hence, this Court finds no ground to interfere with the conviction and sentence passed by the learned trial Judge.

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Crl.A.(MD).Nos.216 & 250 of 2018

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The learned counsel for the appellants prayed to reduce the default sentence by considering the age of the appellants.

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At that time, the learned Additional Public Prosecutor submitted that the appellant in Crl.A(MD)No.216 of 2018 namely, Palani @ Palanikumar is having 14 previous cases and the appellant in Crl.A(MD)No.280 of 2018 namely, Sivaraman is having 8 previous cases. Further, to that effect, he also produced the details of the same, which are as follows:-

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Palani @ Palanikumar-A1 :-

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S.N o	Crime Number	offences
1.	Crime No.472 of 2015 (Samayanallur Police Station)	307, 392, 394 @ 307, 34, 392, 394, 34 of IPC
2.	Crime No.595 of 2018 (Koodalpudur Police Station)	294(b), 323, 506(ii) of IPC
3	Crime No.295 of 2018 (Koodalpudur Police Station)	294(b), 323, 324, 506(ii) of IPC
4	Crime No.580 of 2017 (Koodalpudur Police Station)	387, 506(ii) of IPC
5	Crime No.533 of 2017 (Koodalpudur Police Station)	75 of TNCP ACt
6	Crime No.64 of 2017 (Koodalpudur Police Station)	323, 506(ii) of IPC
7	Crime No.1371 of 2016 (Koodalpudur Police Station)	109 of Cr.P.C.,

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Crl.A.(MD).Nos.216 & 250 of 2018

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8	Crime No.219 of 2016 (Koodaludur Police Station)	147, 148, 323, 324, 341, 392, 506(ii) of IPC 3(1)(x) SC/St Act @ 147, 148, 323, 324, 341, 379, 506(ii) of IPC & 3(2)(VI) SC/St Act
9	Crime No.624 of 2015 (Koodalpudur Police Station)	294(b), 324, 506(ii) of IPC @ 294(b), 324, 34, 506(ii)of IPC
10	Crime No.267 of 2015 (Koodalpudur Police Station)	109 of Cr.P.C.,
11	Crime No.599 of 2014 (Koodalpudur Police Station)	147, 148, 294(b), 324, 427, 447, 506(ii)IPC and 4 of TNPWH Act
12	Crime No.193 of 2024 (Madurai City Prohibition Police Station)	8(c) r/w 20(b) II(A) NDPS Act
13	Crime No.199 of 2016 (Subramaniyapuram Crime Branch Police Station)	379 of IPC
14	Crime No.282 of 2016 (Thilagar Thidal Crime Branch Police Station)	379 of IPC @ 34, 379, 392 IPC

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Sivaraman-A3 :-

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S.No	Crime Number	offences
1.	Crime No.619 of 2024 (Koodalpudur Police Station)	75 of TNCP Act
2	Crime No.359 of 2024 (Koodalpudur Police Station)	310(4) BNS
3	Crime No.259 of 2024 (Koodalpudur Police Station)	75 of TNCP Act
4	Crime No.691 of 2020 (Koodalpudur Police Station)	188, 270 of IPC
5	Crime No.506 of 2019 (Koodalpudur Police Station)	75 of TNCP Act

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Crl.A.(MD).Nos.216 & 250 of 2018

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6
7

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6	Crime No.295 of 2018 (Koodalpudur Police Station)	294(b), 323, 324 294(b), 323, 326,	, 506(ii) IPC @ 34, 506(ii)IPC
7	Crime No.906 of 2017 (Koodalpudur Police Station)	147, 148, 294(b) 506(ii)IPC	, 323, 324, 341,
8	Crime No.219 of 2016 (Koodalpudur Police Station)	147, 148, 323, 506(ii) IPC, 3(1)( 147, 148, 323, 506(ii)IPC, 3(2)(	324, 341, 392, x) SC/ST Act @ 324, 341, 379, VI)SC/ST Act

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In view of the above, this Court is unable to accept the argument of the learned counsel for the appellant for reducing the sentence.

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Accordingly, the Criminal appeals are dismissed. The conviction and sentence passed by the III Additional District and Sessions Court (PCR), Madurai, in Spl.S.C.No.82 of 2017, dated 18.04.2018, is hereby confirmed. Bail bond executed by the appellant, shall stand cancelled. The learned trial Judge is directed to secure the appellant to undergo remaining period of the sentence of imprisonment.

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07.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No dss

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Crl.A.(MD).Nos.216 & 250 of 2018

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K.K.RAMAKRISHNAN, J.

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dss