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Madras High CourtCRL RC(MD)/90/2020allowed

Jeyaseelan v. The Inspector Of Police

2024-07-31Honourable Mr Justice K.K. Ramakrishnan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.07.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.R.C(MD)No.90 of 2020 Jeyaseelan ... Petitioner Vs.

The State Rep by its., The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.

... Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 and r/w 401 of Cr.P.C., to call for the records pertaining to the order passed in Crl.A.No. 50 of 2019 dated 16.10.2019 on the file of the Additional District and Sessions Court (Fast Track Court), Kumbakonam, confirming the judgment of conviction passed in S.C.No.372 of 2015 dated 27.03.2019 on the file of the Chief Judicial Magistrate, Thanjavur at Kumbakonam and set aside the same. For Petitioner : Mr.M.Karunanithi For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/9

ORDER

This Criminal Revision case has been filed to call for the records pertaining to the order passed in Crl.A.No.50 of 2019, dated 16.10.2019, on the file of the Additional District and Sessions Court (Fast Track Court), Kumbakonam, confirming the judgment of conviction passed in S.C.No.372 of 2015 dated 27.03.2019 on the file of the Chief Judicial Magistrate, Thanjavur at Kumbakonam and set aside the same.

2. The case of the prosecution is that one Prasanth teased the petitioner and on 22.10.2014, at about 17.30 hrs, one Dinesh also teased the petitioner and thereafter a wordy quarrel arose between them. At that time, injured sivaraman interfered and the petitioner along with the other accused attacked Sivaraman with knife and caused grievous injuries to him. Therefore, a case in Crime No. 326 of 2014 was registered for the offences under Section 294(b), 342, 326 and 307 of IPC. After conducting the investigation, the respondent police filed a charge sheet before the Chief Judicial Magistrate and the same was taken on file in S.C.No.372 of 2015.

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3. Thereafter, on receipt of the summons, the petitioner appeared and contested the case. Before the trial Court, on the side of the prosecution, they examined 13 witnesses as P.W.1 to P.W.13 and marked 11 documents as Ex.P.1 to Ex.P.11 and one material object was marked. On the side of the accused, neither a document was produced nor a witness was examined.

4. The learned Trial Judge after following the procedure, passed the conviction under Section 326 of IPC sentencing to undergo 3 years rigorous Imprisonment and to pay a fine amount of Rs.500/-, in default, to undergo three months Simple Imprisonment and for the offence under Section 307 of IPC to undergo 3 years rigorous Imprisonment and to pay a fine amount of Rs.500/-, in default, to undergo three months Simple Imprisonment by the Judgment dated 27.03.2019.

5. Aggrieved over the same, the petitioner filed the Criminal Appeal in Crl.A.No.50 of 2019 on the file of the Additional District and Sessions Court (FTC), Kumbakonam. The learned Appellate Judge also confirmed the same. Hence, the petitioner preferred this revision before this Court. 3/9

6. Today, when the matter was taken up for hearing, both counsel on record would submit that they have already filed joint compromise memo dated 22.07.2024, which is extracted here under :- 4/9

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7. The contents of the above joint compromise memo were read over and explained to both the parties and they would admit the same. The joint compromise memo filed by both the parties is recorded.

8. In view of the compromise entered between the parties, the offences under Sections 326 and 307 of IPC stand compounded by following the law laid down by the Hon'ble Supreme Court in the case of Ramgopal v. State of M.P., reported in 2022 (14) SCC 531. This Court is also taken into account that the accused has no previous antecedents.

9. Accordingly, the conviction and sentence imposed by the Chief Judicial Magistrate, Thanjavur at Kumbakonam, in S.C.No.372 of 2015 dated 27.03.2019, and confirmed by Additional District and Sessions Court (FTC), Kumbakonam, in Criminal Appeal No.50 of 2019 dated 16.10.2019, is hereby set aside and the Criminal Revision Case is allowed. The accused is acquitted from the charges levelled against him. Bail bond if any, executed by the accused shall stand discharged.

31.07.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No sbn 7/9

To 1.The Additional District and Sessions Court (Fast Track Court), Kumbakonam, 2.The Chief Judicial Magistrate, Thanjavur, Kumbakonam.

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K.K.RAMAKRISHNAN, J.

tta Crl.R.C(MD)No.90 of 2020 31.07.2024 9/9