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2018 DIGILAW 3450 (MAD)

Markandan v. State

2018-10-03

N.SATHISH KUMAR

body2018
JUDGMENT 1. Aggrieved over the conviction and sentence imposed on the appellant dated 04.06.2008 made in S.C. No. 51 of 2008 on the file of the Additional District and Sessions Judge, Fast Track Court, Ramanathapuram, the present appeal is filed. 2. The brief facts of the prosecution are as follows:- The accused is the son of younger brother of PW-1. There was an enmity between them in respect of family dispute. On 20.06.2007, at about 2.00 p.m., while PW-1 was cleaning his punja field, the accused came to the place with iron rod and beat PW-1 repeatedly on his legs. Immediately, he was taken to the Government Hospital where the police recorded the statement Ex.P1. PW-3 who is the wife of PW-1 admitted PW-1 in the Government Hospital, Ramanathapuram. PW-6 who is the Medical Officer attached to the Government Hospital, Ramanathapuram examined PW-1 and found the following injuries:- (i) 4 x 2 x 2 cm lacerated wound 5 cm below left elbow both bone left fore arm. (ii) 4 x 2 x 2 cm irregular lacerated wound placed over 10 cm below left knee joint lt., tibia. (iii) Pain and tenderness over both bone of right fore arm. (iv) 10 x 61 cm contusion over right leg 5cm below right knee joint and issued Accident Registers/Exs.P5 and P6 stating that the injuries are grievous in nature. 3. PW-9, Sub Inspector of Police recorded the statement of PW-1 attached to the Tiruopalaikudi Police Station and registered a case in Crime No. 94 of 2007 under Section 307 I.P.C. Ex.P8 is the First Information Report. PW-10 took up the investigation and examined PW-1 and also recorded the statement and prepared Observation Mahazar/Ex.P2, Athakshi Mahazar/Ex.P4 and rough sketch/Ex.P9 and arrested the accused on 21.06.2007 and also recovered iron rod. Thereafter, PW-11 continued the investigation and after examining the Medical Officer, he laid final report against the accused. 4. The prosecution examined 11 witnesses as PWs. 1 to 11 and marked 9 documents as Exs.1 to 9 and produced four material objects as M.O.1 to M.O.4. Though the charge sheet was filed under Section 307 I.P.C. the trial Court found the accused guilty under Section 326 IPC and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2,000/- and default to undergo six months rigorous imprisonment. 5. Aggrieved over the same, the present appeal came to be filed. Though the charge sheet was filed under Section 307 I.P.C. the trial Court found the accused guilty under Section 326 IPC and sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. 2,000/- and default to undergo six months rigorous imprisonment. 5. Aggrieved over the same, the present appeal came to be filed. 6. The learned counsel appearing for the appellant would contend that there was an enmity between the parties. He would further contend that PW-1 attacked by the accused and due to the same, he sustained injuries. 7. The learned Additional Public Prosecutor appearing for the respondent would contend that the evidence of PW-1 coupled with the medical evidence, the offence is really proved and specific overt-act against the accused. The trial Court, after careful consideration of the entire materials available on record, has found the accused guilty under Section 326 I.P.C. 8. Heard the learned counsels and perused the materials available on record. 9. The accused is none other than the neigbhour of the PW-1. The evidence of PW-1 clearly indicates that on the date of occurrence, at about 12.30 p.m. while PW-1 was cleaning the adjacent area, the accused objected the same and beat PW-1 repeatedly with iron rod. Immediately, he was taken to the Government Hospital, Ramanathapuram, by his wife PW-3. PW-6 who is the Medical Officer attached to the Government Hospital, Ramanathapuram examined PW-1 and issued Accident Register/Ex.P.6. Ex.P.6 clearly speaks about the nature of the injuries sustained by PW-1. After receiving the intimation from the hospital F.I.R. was registered and investigation has been completed. During the course of investigation, the accused was arrested and M.O.1 was recovered. The Medical Officer has clearly stated the laceration and the fractures sustained by PW-1 in the Accident Register/Ex.P.5. The injured evidence is also clearly substantiated by the medical evidence. Therefore, the contention raised by the learned counsel for the appellant that merely because previous dispute existing between the parties PW-1 has implicated the accused falsely and the injuries sustained by him due to fall contention is improbable. I am of the view that the evidence of PW-1 inspires confidence for the purpose of proving the nature of injuries. Therefore, there is no reason to interfere with the finding rendered by the trial Court convicting the appellant for the offence under Section 326 IPC. 10. I am of the view that the evidence of PW-1 inspires confidence for the purpose of proving the nature of injuries. Therefore, there is no reason to interfere with the finding rendered by the trial Court convicting the appellant for the offence under Section 326 IPC. 10. At this juncture, the learned counsel for the appellant prays for leniency in the quantum of sentence imposed by the trial Court. 11. Taking note of the nature of the injuries and the injuries are not caused to any vital part and considering the fact that the occurrence took place due to some family dispute, I am of the view that the sentence imposed by the trial Court may be reduced provided the injured/ PW-1 adequately be compensated. 12. Accordingly, the appellant/accused is directed to pay a sum of Rs. 1,00,000/- (Rupees one lakh only) to PW-1 on or before 22.10.2018. On such deposit, the sentence imposed by the trial Court shall be set off and the trial Court shall issue notice to the legal heirs of PW-1, since PW-1 is died and disburse the amount. Failure to deposit the amount, the judgment of the trial Court shall be revived. 13. In the result, the Criminal Appeal is partly allowed.