1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.02.2011 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.(MD).No.70 of 2011 Subramanian :Petitioner/Defacto Complainant -Vs- 1.Rengaiah 2.Ganesan 3.State rep. by The Sub Inspector of Police, Arimalam Police Station, In Cr.No.90 of 2008, Pudukkottai District. :Respondent Prayer:Criminal Revision Petition filed under Section 401 of Cr.P.C. to call for the records from the lower Court and set aside the Judgment of the First Appellate Court passed in C.A.No.45 of 2009 dated 01.10.2010 on the file of the learned Additional District Court (Fast Track Court), Pudukkottai against the judgment in C.C.No.291 of 2008 dated 11.11.2009 on the file of the learned District Munsif-cum-Judicial Magistrate Court, Thirumayam by allowing this revision. For Petitioner :: M/s.P.Ganapathi Subramanian For Respondent 3 :: Mr.R.M.Anbutnithi Government Advocate(Crl.Side) ORDER This Criminal Revision arises against the finding of acquittal passed by the learned Additional District Judge, Fast Track Court, Pudukkottai, in C.A.No.45 of 2009. 2.In acquitting the two accused in the case, the lower appellate Court went against the finding of the learned District Munsif-cum-Judicial Magistrate, Thirumayam, in C.C.No.291 of 2008, who had convicted the first accused for offences under Sections 294(b), 341 and 325 of IPC and sentenced the petitioner to undergo simple imprisonment for 15 days and to pay a fine of Rs.100/-, in default, to undergo 7 days simple imprisonment for the offence under Section 294(b) of IPC; to undergo simple imprisonment for 15 days and to pay a fine of Rs.100/-, in default, to undergo 7 days simple imprisonment for the offence under Section 341 of IPC and simple imprisonment for three years and to pay a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment for the offence under Section 325 of IPC and convicted the second accused for offences under Sections 294(b) and 324 of IPC and directed him to be released under Section 4(1) of Probation of Offenders Act and also awarded compensation of Rs.5,000/- to the de-facto complainant under Section 5(a) of Probation of Offenders Act. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Heard Mr.P.Ganapathi Subramanian, learned counsel appearing for the petitioner and Mr.R.M.Anbunithi, learned Government Advocate (Crl. Side) appearing for the third respondent. 4.In allowing the appeal before it, the lower Appellate Court has taken into consideration the gross discrepancy between the evidence of P.W.1, the person allegedly injured in the occurrence to the effect that the FIR in the case came to be registered while he was at the hospital at 8.00 p.m. on 10.08.2008 and that of P.W.7, the Investigating Officer, who had informed that the case came to be registered at 04.00 p.m. on 11.08.2008. While P.W.1 had spoken of a cut injury suffered by him to his left wrist, there was no proof thereof. It also noticed that P.Ws. 2 and 3 had admitted to having gone to the scene of occurrence on hearing a noise and therefore could not be said to be eye-witnesses. It took into consideration the admission of P.W.7, of a prior complaint preferred against P.W.1, by the second accused. Finding prior animosity between the complainant and the accused party and that there were discrepancies regards the scene of occurrence, the time of occurrence and the time of preference of the complaint, the lower appellate Court acquitted the accused. This Court is not able to consider unjustified or in any manner perverse the findings of the lower Appellate Court. Accordingly, the same cannot be interfered with and this revision shall stand dismissed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Additional District Judge (Fast Track Court), Pudukkottai. 2.The District Munsif-cum-Judicial Magistrate, Thirumayam. 3.The Sub Inspector of Police, Arimalam Police Station, Pudukottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/s.P.Ganapathi Subramanian, Advocate. SR.No.9140. Srm Crl.R.C.(MD)No.70 of 2011 RP/01.03.2011/2P/6C. 17.02.2011. https://hcservices.ecourts.gov.in/hcservices/