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IN THE HIGH COURT OF MADRAS
M. SATHYANARAYANAN, M. NIRMAL KUMAR, JJ.
Chinnasamy and Others – Appellants
Versus
The Deputy Superintendent of Police, Udumalpet – Respondent
Referred Trial No. 3 of 2017, Crl. Appeal Nos. 162 to 165, 183 of 2018
Decided On : 22-06-2020
Indian Penal Code, 1860 – Section 307, 120, 109, 147, 148, 302, 307 and 366 – Criminal Procedure Code, 1973 – Section 366, 313, 428 and 164 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 – Indian Evidence Act – Section 63 and 65 – Rigorous Imprisonment – Deceased – Apprehending trouble on account their inter-caste marriage, gave a petition for protection parent of came to the said police station for purpose of enquiry and so also the father of Shankar/deceased and his relatives – Police officials attached to AWPS, Udumalpet caused enquiry and Shankar/deceased gave a letter stating that he will take care of his wife father of Shankar/deceased, namely Velusamy and one Varadharajan, President of Komaralingam Village Panchayat had subscribed their signatures also gave a petition Inspector of Police not to take further action against her parents and in said petition, neighbours of Shankar/deceased and another had subscribed their signatures – Held, Case and the evidence let in as well as the findings arrived at by Trial Court, for imposition of capital punishment against A4 to A8 are concerned, they are all young age and none of them have any serious bad antecedents except who had faced prosecution only which is a non-cognizable and bailable offence and also taking into consideration plea in the form of their written statements recorded – Court is of considered view that there is every possibility that they would reform themselves and on their release would contribute something useful to Society capital sentence imposed upon them, requires modification – Appellant/A9 is acquitted of all charges and conviction and sentence imposed against appellant/A9 by learned Principal District and Sessions Tirupur offences are set aside and he is acquitted of all charges levelled against him fine amount appropriated by State as ordered by Trial Court to be refunded by State to appellant made clear that compensation if any paid out of the said fine amount to PW-1 and father of deceased Shankar, shall not be recovered from them – Appeal Dismissed.
JUDGMENT :
M. SATHYANARAYANAN, J.
1. The Reference in R.T. No. 3 of 2017 is made by the Court of Principal District and Sessions Judge, Tiruppur under Section 366 of the Code of Criminal Procedure (in short Cr.P.C.) seeking confirmation of capital punishment imposed upon Al-Chinnasamy, A4- Jagatheesan, A5-Manikandan, A6-Selvakumar, A7-Kalaithamilvaanan and A8-Mathan @ Michael, vide judgment dated 12.12.2017 made in Spl. S.C. No. 19/2016 (P.R.C. No. 7/2016 on the file of the Judicial Magistrate No. 1, Udumalpet in respect of Crime No. 194 of 2016 on the file of Udumalpet Police Station). The Trial Court acquitted A2-Annalakshmi, A3-Pandithurai and A10-Prasanna @ Prasannakumar of the charges framed against them and challenging the impugned judgment of acquittal, the State has preferred Crl. Appeal No. 183 of 2018. Aggrieved by the conviction and sentence awarded by the Trial Court, A1 has filed Crl. Appeal No. 162 of 2018, A4 to A8 have filed Crl. Appeal No. 163 of 2018, A9 has filed Crl. Appeal No. 164 of 2018 and A11 has filed Crl. Appeal No. 165 of 2018.
2. The Trial Court, vide impugned judgment dated 12.12.2017 had charged, tried and convicted, A1, A4 to A8, A9 and A11 as follows:-
| Accused | Charges under Sections | Sentence |
| A1 | 120-B IPC | Sentenced to Death and Fine of Rs. 1,00,000/- in default to undergo 1 year Simple Imprisonment. |
| 302 r/w. 120-B IPC r/w 109 IPC | Sentenced to Death and Fine of Rs. 1,00,000/- in default to undergo 1 year Simple Imprisonment. | |
| 307 r/w. 120-B IPC r/w. 109 IPC | 10 years Rigorous Imprisonment and Fine of Rs. 50,000/- in default to undergo 6 months Simple Imprisonment. | |
| 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 | 3 years Rigorous Imprisonment with a Fine of Rs. 50,000/- in default to undergo 6 months Rigorous Imprisonment. | |
| A4 | 120-B IPC | Sentenced to Death and Fine of Rs. 50,000/- in default to undergo 1 year Simple Imprisonment. |
| 147 IPC | 2 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 3 months Simple Imprisonment. | |
| 148 IPC | 3 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 3 months Simple Imprisonment. | |
| 302 IPC | Sentenced to Death and Fine of Rs. 50,000/- in default to undergo 1 year Simple Imprisonment. | |
| 307 IPC | 10 years Rigorous Imprisonment and Fine of Rs. 25,000/- in default to undergo 6 months Simple Imprisonment. | |
| 3(1)(r)(s) of SC/ST Act | 2 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 6 months Simple Imprisonment. | |
| 3(2)(va) of SC/ST Act | 5 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 6 months Simple Imprisonment. | |
| A5 | 120-B IPC | Sentenced to Death and Fine of Rs. 50,000/- in default to undergo 1 year Simple Imprisonment. |
| 147 IPC | 2 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 3 months Simple Imprisonment. | |
| 148 IPC | 3 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 3 months Simple Imprisonment. | |
| 302 IPC | Sentenced to Death and Fine of Rs. 50,000/- in default to undergo 1 year Simple Imprisonment. | |
| 307 r/w. 149 IPC | 10 years Rigorous Imprisonment and Fine of Rs. 25,000/- in default to undergo 6 months Simple Imprisonment. | |
| 3(1)(r)(s) of SC/ST Act r/w 149 IPC | 2 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 6 months Simple Imprisonment. | |
| 3(2)(va) of SC/ST Act | 5 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 6 months Simple Imprisonment. | |
| A6 | 120-B IPC
| Sentenced to Death and Fine of Rs. 50,000/- in default to undergo 1 year Simple Imprisonment. |
| 147 IPC | 2 years Rigorous Imprisonment and Fine of Rs. 10,000/- in default to undergo 3 months | |
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