High court acquits man jailed for assaulting policeman
K.Kaushik@timesgroup.com
Madurai:27.01.2020
Madras high court has set aside the conviction and sentence imposed on a man who assaulted a police constable in Madurai in 1997, saying the trial court had not examined important witnesses.
The prosecution case is that constable Rathinamani of Teppakulam police received a phone call informing him that a person was being assaulted by seven others at Kuruvikaran Salai on March 28, 1997. When Rathinamani and an SI were searching for the accused in the southern and northern banks of Vaigai river, one of the accused, appellant Sikkandar, assaulted him using a sickle in which he sustained injuries.
Following the incident, the police registered a case against Sikkandar and he was arrested. The fast track court in Madurai convicted and sentenced him to undergo three years imprisonment under section 332 (voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant) of IPC on June 30, 2009. Sikkandar moved HC Madurai bench the same year challenging the order.
On perusal of the submissions, Justice B Pugalendhi observed that the police constable was assaulted by a rowdy element and the complainant is the same police constable. “Even though the investigation was conducted in such a shabby manner, the trial was concluded even without examining the relevant witnesses for arrest and recovery as well as the doctor who provided treatment to the constable,” he said. Though an SI accompanied the constable at the time of occurrence, the person was also not examined. Hence the judge noted that it was not safe to sustain the conviction and sentence and acquitted the appellant of the charges framed against him.
Justice B Pugalendhi said the investigation was conducted in a shabby manner and the trial was concluded without examining the relevant witnesses
K.Kaushik@timesgroup.com
Madurai:27.01.2020
Madras high court has set aside the conviction and sentence imposed on a man who assaulted a police constable in Madurai in 1997, saying the trial court had not examined important witnesses.
The prosecution case is that constable Rathinamani of Teppakulam police received a phone call informing him that a person was being assaulted by seven others at Kuruvikaran Salai on March 28, 1997. When Rathinamani and an SI were searching for the accused in the southern and northern banks of Vaigai river, one of the accused, appellant Sikkandar, assaulted him using a sickle in which he sustained injuries.
Following the incident, the police registered a case against Sikkandar and he was arrested. The fast track court in Madurai convicted and sentenced him to undergo three years imprisonment under section 332 (voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant) of IPC on June 30, 2009. Sikkandar moved HC Madurai bench the same year challenging the order.
On perusal of the submissions, Justice B Pugalendhi observed that the police constable was assaulted by a rowdy element and the complainant is the same police constable. “Even though the investigation was conducted in such a shabby manner, the trial was concluded even without examining the relevant witnesses for arrest and recovery as well as the doctor who provided treatment to the constable,” he said. Though an SI accompanied the constable at the time of occurrence, the person was also not examined. Hence the judge noted that it was not safe to sustain the conviction and sentence and acquitted the appellant of the charges framed against him.
Justice B Pugalendhi said the investigation was conducted in a shabby manner and the trial was concluded without examining the relevant witnesses
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