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2022 Supreme(Mad) 398

P.N.PRAKASH, MS.R.N.MANJULA
K. Devaraj – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Radhakrishnan for Mr.P.Pugalenthi, Adv
For the Respondents: Mr.Hasan Mohamed Jinnah, Public Prosecutor assisted by Mr.R.Muniyapparaj Additional Public Prosecutor

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

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