P.N.PRAKASH, MS.R.N.MANJULA
K. Devaraj – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
R.N.MANJULA, J.
Though the convict prisoners concerned (petitioners herein) in these three writ petitions were not tried together, yet, the foundational facts in these cases are similar and, since the legal conundrum that has been raised by Mr.M.Radhakrishnan and Mr.P.Pugalenthi, learned counsel for the petitioners, are common to these three cases, the instant cases are considered and decided by this common order.
2.1. The petitioner in W.P.No.12581 of 2021 is one Devaraj, who is a life convict prisoner (CT No.3824), convicted by the District and Sessions Court, Erode, in S.C.No.91 of 2003 on 10.11.2003 of the offences under Sections 498-A and 302 IPC and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/-, in default to undergo six months simple imprisonment under Section 498-A IPC and imprisonment for life and to pay a fine of Rs.2000/-, in default to undergo one year simple imprisonment under Section 302 IPC. The said sentences were ordered to run concurrently. The said conviction and sentences were confirmed by the High Court as well by the Supreme Court. As per the averments in paragraph 6 of the counter affidavit dated 13.12.2021 filed by t
Home Secretary (Prison) and Others
P.Veera Bhaarathi Vs. State of Tamil Nadu and Others [2016(6) CTC 522]
Rajindra Singh vs. State of U.P. and another [(2007) 7 SCC 378]
Sanaboina Satyanarayana Vs. Government of A.P. and Others [(2003)10 SCC 78]
State of Haryana and Others Vs. Jagdish [(2010) 4 SCC 216] (paragraphs 53 and 54);
State of Tamil Nadu and Others Vs. P.Veera Bhaarathi [(2019)18 SCC 71]
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