Criminal Appeal No. 77 of 2023 · Madras High Court

in CRL RC(MD) No. 208 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-02-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) Nos. 2133 & 2134 of 2025in CRL RC(MD) No. 208 of 2025 GnanavelS/o Ramasamy, Nadukudirrippu, Kontraikadu, Peravurani Taluk, Thanjavur District. Petitionerin both the petitionsVs.The State of Tamil NaduRep by The Inspector of Police, Peravurani Police station, Thanjavur District. Crime No. 244/2017 Respondent(s) in both the petitions(in both the petitions)For Petitioner : Mr.G.KarnanFor Respondent : Mr.B.Thanga Aravindh, Government Advocate (Criminal Side) ORDERThis Criminal Miscellaneous Petition has been filed to suspend the sentence on imprisonment imposed in Crl.A.No.77 of 2023 on the file of the III Additional Districtand Sessions Court, Thanjavur @ Pattukkottai, dated 18.12.2024, confirming the conviction and sentences passed in C.C.No.20 of 2022 on the file of the District1/6 https://www.mhc.tn.gov.in/judis in CRL RC(MD) No. 208 of 2025 Munsif cum Judicial Magistrate, Peravurani, dated 16.02.2022 pending the disposal of the criminal revision.

The case of the prosecution is that due to previous enmity between the parties, on30.09.2017, the accused persons trespassed into the defacto complainant's house, abused his mother-in-law in filthy language, when the same was questioned by thedefacto complainant and his wife, the accused persons attacked them with iron rodand also threatened them with dire consequences. A case was registered in CrimeNo.244 of 2017 and after investigation, Charge sheet has been filed and the same was taken on file in C.C.No.20 of 2022 on the file of the District Munsif cum JudicialMagistrate, Peravurani. After trial, the petitioner was convicted by the trial Court for the offence under Section 448 of IPC and imposed a fine of Rs.1,000/- in default to undergo one month simple imprisonment; for the offence under Section 326 of IPCsentenced him to undergo one year Simple Imprisonment and to pay a fine ofRs.5,000/- in default to undergo one month simple imprisonment and for the offence under Section 4 of TNPHW Act, sentenced him to undergo one year SimpleImprisonment and to pay a fine of Rs.10,000/- in default to undergo three months simple imprisonment. Against the conviction and sentence imposed by the trialCourt, the petitioner has filed an appeal in Crl.A.No.77 of 2023 on the file of the III2/6 https://www.mhc.tn.gov.in/judis in CRL RC(MD) No. 208 of 2025 Additional District and Sessions Judge, Thanjavur, Pattukkottai. The appellate Courtdismissed the appeal by confirming the conviction and the sentence imposed by the trial Court. Aggrieved by the same, the petitioner has preferred the present CriminalRevision Case along with the Criminal Miscellaneous Petition seeking suspension of sentence.

The learned counsel appearing for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions inmaterial particulars between the evidence of the prosecution witnesses.

The learned Government Advocate (Criminal Side) appearing for the State would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.

This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

The learned counsel appearing for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars.3/6 https://www.mhc.tn.gov.in/judis in CRL RC(MD) No. 208 of 2025 The fact remains that there are arguable points involved in this criminal revision and further the criminal revision is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.