KANNADASAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner/accused stood charged for the offence punishable under Section 307 IPC alleging that on 03.06.2003 at about 4.00 p.m. in a Wine shop at Krishnagiri, while P.Ws. 2, 4 and 5 were consuming brandy, the petitioner came there and asked P.W.2 to purchase brandy for him, when it was refused, the accused attempted to take and consume the brandy of P.W.2, when P.W.2 objected to the same, the petitioner assaulted P.W.2 with a broken glass tumbler near his left neck and caused grievous injury to him. Based on the complaint lodged by P.W.1, who is the supplier of Wineshop, a case was registered in Cr.No.591 of 2003 for the offence under Section 307 IPC. After trial in S.C.No.199 of 2003, the petitioner was convicted by the learned Chief Judicial Magistrate No.I-cum-Assistant Sessions Judge, Dharmapuri at Krishnagiri, for the aforesaid offence and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-, in default, to undergo simple imprisonment for a period of six months. The judgment of conviction and sentence imposed on the petitioner was confirmed by the learned I Additional Sessions Judge, Krishnagiri, in Crl.A. No. 6 of 2004, dated 17.08.2006 . As against the same, the petitioner has come forward with the present Criminal Revision Case.

(2.) Today, though, the matter is listed under the caption "Old Year Cases", when the matter is taken up, there is no representation for the petitioner. The Hon'ble Apex Court in the judgment reported in Prasuram Patel & another vs. State of Orissa, 1994 4 SCC 664 has held that the Criminal Appeal cannot be dismissed for default in appearance of the appellant, but, the Court must decide the matter on merits even in the absence of the appellant or his counsel.

(3.) It is also relevant to refer to the judgment of the Hon'ble Apex Court reported in K.S.Panduranga vs. State of Karnataka, 2013 3 SCC 721 wherein, the Hon'ble Apex Court has culled out certain principles and has held in paragraph No.19 as follows:-