IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.01.2011 CORAM THE HONOURABLE MR. JUSTICE A. ARUMUGHASWAMY Criminal Appeal No. 826 of 2004 1.Hanif 2.Ranjith ... Appellants -- vs -- State by Inspector of Police, Arakonam Town Police Station, (Cr.No.760/1997) ... Respondent Criminal Appeal filed under Section 374 of the code of Criminal Procedure, praying to set aside the judgment and conviction dated 4.3.2004 and made in S.C.No.106 of 2003 on the file of the Additional District and Sessions Judge, (Fast Track Court No.II) Ranipet, Vellore District. For Appellant : Mr.T.Munirathnam For Respondent : Mr. S.Rajendran,G.A.(crl.side) - - - - - J U D G M E N T The accused are the appellants. A1 stands convicted for the offence under Section 324 IPC and directed to pay a fine of Rs.500/- in default to undergo one month Rigrous Imprisonment and A2 stands convicted for the offence under Section 324 IPC (2 counts) and directed to pay a fine of Rs.500/- for each count in default to undergo one month Rigrous Imprisonment for each count, by the judgement in S.C.No.106 of 2003 on the file of the Additional District and Sessions Judge, (Fast Track Court No.II), Ranipet. Against the same, the present appeal has been filed. 2. A1 and A2 were studying in the Chengalvarayan Trust College and PW.1's brother, Pandurangan was studying at Presidency College. On 11.7.1997 PW.1's brother Pandurajan was ragged by the accused while he was going to the College, on 14.7.1997 at about 9.45 pm, while A1 and A2 were returning from the Gym, at that time A1 and A2 called PW.1.Rajan and stabbed him with a knife on the left chest. A4 Babu and A5 Nirmal also attacked him with their hands. Likewise, PW.2 also was attacked by A2. Pws.1 and 2 were taken to Arakkonam Government Hospital. PW.8-Doctor examined them. He issued Wound Certificates under Ex.P8 and Ex.P9. Thereafter, the Sub Inspector of Police at Arakkonam Police Station rushed to the hospital on the intimation received at 17.15 pm., on 14.7.97. The intimation is Ex.P5. PW.9-Sub Inspector of Police went to the hospital and obtained the statement and registered F.I.R. ie. Ex.P6. PW.10- https://hcservices.ecourts.gov.in/hcservices/ Inspector of Police took up the investigation and proceeded to the scene of occurrence and prepared an observation Mahazar under Ex.P2 and rough sketch-Ex.P7. Following the same, he recovered blood stained blood stained lungi-M.O.1, blood stained shirts-M.O.2 and M.O.3 and knife-M.O.4 and thorny kombu-M.O.5 under a cover of Mahazar. The other witnesses are the neighbours. PWs.6 and 7 are the Observation mahazar witnesses. PW-12 is the duty Doctor who has given the wound certificate stating that the injuries are simple in nature and issued Ex.P.12-Wound Certificate of PW.1 Rajan. The Government hospital doctor has also examined the Pw.1's mother Meena-PW-4, PW.2 Raja and PW-7 Pandurajan and issued the certificate of Ex.P.11 and Ex.P.13-Wound Certificates of Meena and Raja. PW.1 and PW.2 were examined by PW.11 Doctor. PW.10 has completed the investigation and filed charge sheet under sections 307, 324, 147, 148 and 341 IPC. 3. Before the trial Court, on the side of the prosecution, Pws. 1 to 12 were examined. Exs.P1 to P13 were marked and Material objects 1 to 4 were produced. After due enquiry, the Trial Court convicted the above said A1 and A2 as stated supra, against which, the present appeal has been filed. 4. The vehement contention that even though the accused counsel has canvassed on various grounds, he has confined only with regard to the punishment of sentence before this Court. The same has been recorded. The learned Government Advocate (Crl.side) expressed no objection for the submission made by the appellants' counsel. 5. From a perusal of the judgement, it is seen that the accused has been convicted for the offence under Section 324 IPC and imposed the fine of Rs.500/- alone in default to undergo one month Rigourous Imprisonment. Aggrieved by the said judgment, the present appeal has been filed. 6. From a perusal of the judgement it is seen that PW1 and PW2 are students. Accused A1 and A2 are also the students of Poly technical College. While they were entering into the College, while A1 and A2 ragged PW.1's brother and stabbed PW.1 and he sustained injuries. It is seen that the age of the accused are 19 years old and are the college students, they played in a childish manner and due to sudden provocation, they attacked him. Considering their future and since they were all resident of neighbouring area, the punishment would severely affect the atmosphere among the students. Therefore, I am of the view that this Court is not inclined to confirm the punishment. 7. In the result, the appeal is partly allowed on the following terms: a) The conviction under section 324 IPC is confirmed. b) The sentence imposed by the trial court is set aside and they are released on probation on executing bond for a period of three months as per Section 360 (3) of the Criminal Procedure Code. https://hcservices.ecourts.gov.in/hcservices/ (c) In other respects, the appeal is dismissed. Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar aes To 1. Additional District and Sessions Judge, (Fast Track Court No.II) Ranipet, Vellore District. 2.The Inspector of Police, Arokonam Town Police Station. 3. The Public Prosecutor High Court, Chennai. SA(CO) KS 07.04.2011. https://hcservices.ecourts.gov.in/hcservices/