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2018 DIGILAW 3823 (MAD)

Hakkim v. State Rep by Sub-Inspector of Police

2018-10-22

G.JAYACHANDRAN

body2018
JUDGMENT G.Jayachandran, J. This Criminal Revision Petition is filed against the Judgment of the Sessions Judge, Karur dated 13.09.2017 passed in Criminal Appeal No.68 of 2017 modifying the judgment passed by the Judicial Magistrate No.1, Karur in C.C.No.101 of 2014 dated 27.04.2017. 2. The revision petitioner herein, is the accused, tried for offences under Section 394 IPC. The case of the prosecution, as found in the final report, laid before the trial Court is that the appellant A-2 along with his friend Shajahan(A-1) on 16.09.2013 at about 13:30 hrs went to the house of Sellathal (P.W.1) and introduced themselves as Air Conditioner(AC) Mechanic and told her that they have come for servicing the AC. Believing the words of the accused persons, she allowed them to enter into the house. 3. Under the pretext of servicing the AC, Hakkim (A-2) held the hands of Sellathal (PW-1) and his friend Shajahan (A-1) attempted to snatch her thali chain. When Sellathal screamed, Shajahan(A-1) took a glass bottle, smashed it and stabbed Sellathal with the broken end of the bottle on her right ear, right chest and right arm repeatedly causing grievous injuries. Hearing the scream and melee, neighbours came to PW-1 house. On seeing the crowd getting gathered, both Hakkim and Shajahan ran away. Sellathal was taken to the hospital for treatment. 4. On intimation, the police went to the hospital and recorded the statement of Sellathal, Ex.P.1. Based on the statement, police registered a case in Crime No.785 of 2013 for offences under Section 395 of IPC. The First Information Report (FIR) is marked as Ex.P.19. In the case of the investigation, the Investigating Officer (I.O) has gone to the spot and recovered the broken glass bottle pieces with blood stains. 5. Based on secret information received, both the accused were arrested near Rajali Hotel toll gate bus stop. On 17.09.2013 at about 10:30 hrs, based on the confession statement given by these two accused, blood stained pant, blood stained shirt and carry bag were recovered under Mahazar near the house of Badhushah. A blood stained blue colour jeans, blood stained cement colour shirt and white colour carry bags were recovered from the back yard of Abdul Hakkim's house. The recovery of material objects MO.8 were reduced into writing in the form of mahazar, which were marked as Ex.P.5, Ex.P6, Ex.P.10 & Ex.P11. A blood stained blue colour jeans, blood stained cement colour shirt and white colour carry bags were recovered from the back yard of Abdul Hakkim's house. The recovery of material objects MO.8 were reduced into writing in the form of mahazar, which were marked as Ex.P.5, Ex.P6, Ex.P.10 & Ex.P11. The blue shirt, saree and blouse of the victim lady were also recovered under mahazar and marked as M.O.1 & M.O.2. 6. Considering the evidences let in by the prosecution and the defence version, the trial Court held both Shajahan (A-1) and Hakkim (A-2) guilty of offence under Section 394 IPC and sentenced them to undergo three years Simple Imprisonment. 7. Both the accused aggrieved by the sentence and conviction preferred an appeal before the Principal Sessions Judge, Karur. The present Revision Petitioner's appeal taken as C.A.No.68 of 2017, whereas the appeal of the first accused taken as C.A.No.116 of 2017. The Appellate Court drafted a common judgment by confirming the conviction passed by the trial Court and modified the sentence to the effect that period of imprisonment reduced to two years instead of three years. 8. The second accused Hakkim not convinced by the modified sentence is before this Court by ways of this criminal revision. Learned counsel appearing for the revision petitioner would contend that the finger print lifted from the scene of crime tallies only with the finger print of A-1 Shajahan and there was no finger print of this revision petitioner (A-2) found in the scene of crime. Therefore, his presence in the scene of crime is highly doubtful which the trial Court has not properly appreciated. 9. Further, the learned counsel would contend that the accused has not been identified by the victim. Prior to filing of final report, the investigation officer had failed to conduct the test identification parade. The name and address of the accused persons which is found in the FIR improbabalises the case of the prosecution in toto. Despite this improbability, the Courts below has over looked the grave illegality in the case of the prosecution. Hence, the conviction and sentence has to be set aside. 10. The learned Government Advocate (criminal side) representing the State would counter the said statement on the ground that blood tainted clothes were recovered on the information furnished by the accused leading to the recovery of fact. Hence, the conviction and sentence has to be set aside. 10. The learned Government Advocate (criminal side) representing the State would counter the said statement on the ground that blood tainted clothes were recovered on the information furnished by the accused leading to the recovery of fact. The evidence of P.W.1 Sellathal, the injury found on her body, recovery of broken bottle pieces from the scene of crime and identification of the accused by the victim lady in the Court are sufficiently enough to confirm the judgment of the Court below. 11. Further the learned Government Advocate (criminal side) also submitted that there are few more cases against these accused persons of similar nature for which he has already been convicted. Hence, taking note of his antecedent, the revision petition has to be dismissed. 12. Heard the learned counsel for the revision petitioner and the learned Government Advocate (criminal side) representing the State. 13. The perusal of P.W.1 testimony which describes the incident, inspired the confidence of the Court. The injury on her body were not self inflicted. She has identified the accused persons as the person who visited her house on 16.09.2013 under the pretext of repairing AC unit and caused the injuries found on her body. PW.3 neighbour of P.W.1 has heard the scream of P.W.1 and saw the accused persons running from the house of P.W.1. This is res gestae evidence admissible in evidence and there is no reason in disbelieving her version. 14. In addition, the finger print lifted from the scene of crime indicates that the co-accused Shajahan has gone to the house of P.W.1. Thus, the accused (A-2) has accompanied Shajahan (A-1) and sustained blood stains over his cloth and the same has been recovered under mahazar, pursuant to the confession statement of this accused. 15. In the circumstances, this Court finds no illegality or perversity in the findings of the Courts below. Therefore, the revision case is dismissed and the modification made by the judgment of the Sessions Judge, Karur in the judgment made by the Judicial Magistrate No.1, Karur is confirmed. Consequently, connected Crl.M.P. (MD) No.6577 of 2018 is closed.