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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.R.C(MD)No.714 of 2011
Arumugam … Petitioner
Vs
1.State represented by,
The Inspector of Police,
Lalgudi,
Trichy District.
Crime No.48/1994.
2.Paramasivam
3.Sangilimuthu
4.Mariyayee
5.Natarajan
6.Thiayagarajan … Respondents
PRAYER: Petition filed under Section 397 r/w 401 of Criminal
Procedure Code, to set aside the Judgment passed in S.C.No.182 of
1995, dated 05.04.2011 on the file of the Principal Subordinate
Judge, Trichirappalli.
For Petitioner : Mr.V.Illanchezian
For R1 : Mr.A.Robinson
Government Advocate (Crl.side)
For R3 to R6 : Mr.J.Senthil Kumar
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ORDER
One Sakunthala-Daughter of the revision petitioner died on
14.01.1994 due to self immolation. In this regard, Crime No.48 of
1994 was registered on the file of the Inspector of Police, Lalgudi
Police Station. Investigation was taken up and final report was filed
against Paramasivam son-in-law of the revision petitioner and four
others. The final report was filed before the Judicial Magistrate,
Lalgudi. Cognizance of the offences under Sections 304(B) and
498(A) of IPC was taken and committed to the Principal Sessions
Court and made over to the Principal Assistant Sessions Judge,
Tiruchirppalli in S.C.No.182 of 1995. The accused pleaded not
guilty to the charges and claimed to be tried. The prosecution
examined as many as 15 witnesses and also marked Ex.P1 to
Ex.P16. A1-Paramasivam alone was convicted for the offence under
Sections 498(A) and 304(B) IPC. The other accused were
acquitted. Challenging the same, the petitioner herein filed
Crl.R.C.No.140 of 1999. This Court allowed the revision case and
remanded the matter for fresh consideration. Aggrieved by the
same, the acquitted accused preferred SLP before the Hon’ble
Supreme Court of India. The Special Leave Petition was dismissed.
However, the observation was made that the trial Court shall
consider the case fresh un-influenced observations made by the
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High Court in the order of remand. Even after such remand, the
case once again ended in acquittal, vide Judgment dated
05.04.2011. This is under challenge in this revision case.
2.When the matter was taken up for hearing, the learned
counsel appearing for the accused pointed out that aggrieved by the
Judgment of conviction and sentence imposed on him, A1-
Paramasivam filed Criminal Appeal No.1012 of 1998 before this
Court. This Court, by order dated 27.03.2007 held that A1-
Paramasivan was guilty only in respect of the offences under
Section 498A of IPC and not 304B of IPC. The conviction and
sentence imposed under Section 304B of IPC was set aside. A1-
Paramasivan was sentenced to three years rigorous imprisonment
and the same is said to have been fully undergone by him. This
Court posed a specific question to the learned counsel appearing for
the petitioner as to whether the Judgment dated 27.03.2007 made
in Criminal Appeal No.1012 of 1998 was put to challenge before the
Hon’ble Supreme Court. It appears that there was no such
challenge and that it became final. In view of the Judgment dated
27.03.2007 passed by this Court in Crl.A.No.10112 of 1998, I am
of the view that this revision case will not lie. Therefore, the
revision case filed by the petitioner is dismissed.
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G.R.SWAMINATHAN, J.
rmi
3.The learned counsel appearing for the private
respondents drew my attention to Section 393 of Cr.P.C., states
that Judgments and orders passed by the Appellate Court upon an
appeal shall be final, except in the case provided for in section 377,
section 378, sub-section (4) of section 384 of Cr.P.C. In this case,
the Judgement of acquittal was passed by the High Court.
Therefore, in view of Section 395 of Cr.P.C., the present revision
case will not lie. The criminal revision case is dismissed as not
maintainable.
04.07.2019
Index : Yes/No
Internet : Yes/No
rmi
To
1. The Inspector of Police,
Lalgudi,
Trichy District.
2.The Principal Subordinate Judge, Trichirappalli.
Crl.R.C(MD)No.714 of 2011
http://www.judis.nic.in