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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN, J.
Gunaseelan - Appellant
Versus
The State - Respondent
Crl. Appeal (MD) Nos. 493, 506, 521, 562, 563, 570, 744, 751, 830 of 2023, Crl. M.P. (MD) No. 5859 of 2024
Decided On : 04-03-2025
| Table of Content |
|---|
| 1. overview of accused and their charges (Para 1 , 2 , 3) |
| 2. details of logistic irregularities and conspiracies (Para 4) |
| 3. appellation arguments against prosecution charges (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's analysis on prosecution's claims and evidences (Para 15 , 16 , 17 , 18) |
| 5. discussion on convictions and sentence conclusions. (Para 20 , 21) |
| 6. consequential application of law and legal reasoning (Para 22 , 23) |
JUDGMENT :
1. The above appellants are the accused in C.C No. 7 of 2012 on the file of the II Additional District Judge, Special Court for the CBI cases, Madurai.
2. They were arrayed as the accused number A1, A2, A4, A3, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14, A15, A16, A17 & A18. Among the original accused, A5 and A18 died during the pendency of trial. The remaining accused faced the trial and A4 was acquitted from all the charges. The remaining accused Nos.1, 2, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 17 were convicted and sentenced to undergo the following sentences for the offences as stated below:
2.1. A6 has filed Crl.A.(MD).No.493 of 2023 challenging the following conviction and sentence of imprisonment:
| Crl. A. (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 493/ 2023 | A-6 N.Gunaseelan | i) U/s.120B r/w 420 IPC and Sec.7 and 13(2) r/w 13(1) (d) of PC Act, 1988. | Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo Rigorous Imprisonment for 9 months. |
| ii) U/s.7 of PC Act, 1988 | Rigorous Imprisonment for 5 years and to pay a fine of Rs.25,000/- in default to undergo Rigorous Imprisonment for 8 months. | ||
| iii) U/s.13(2) r/w 13(1) (d) of PC Act, 1988 | Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo Rigorous Imprisonment for 9 months. | ||
| The substantial period of sentences shall run concurrently |
2.2. A3 has filed Crl.A.(MD).No.506 of 2023 challenging the following conviction and sentence of imprisonment:
| Crl. A. (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 506/ 2023 | A-3 Kumaresan | 120-B r/w 420 IPC Sec.8 & 13(2) r/w 13(1) (d) of PC Act 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. |
| u/s.8 of PC Act, 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. |
2.3. A-1 and A-7 have filed Crl.A.(MD).No.521 of 2023, challenging the following conviction and sentence of imprisonment:
| Crl. A. (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 521 / 2023 | A-1 Paul Johnson | 120-B r/w 420 IPC Sec.8 & 13(2) r/w 13(1) (d) of PC Act 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. |
| u/s.8 of PC Act, 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. | ||
| A-7 Jesuvin Febi | 120-B r/w 420 IPC and Sec.8 & 13(2) r/w 13(1) (d) of PC Act 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. | |
| u/s.420 IPC | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. | ||
| u/s.8 of PC Act, 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.10,000/- in default to undergo Rigorous Imprisonment for 6 months. |
2.4. A17 has filed Crl.A.(MD).No.562 of 2023, challenging the following conviction and sentence of imprisonment:
| Crl. A (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 562/ 2023 | A-17 Sundaresan | 120-B r/w 420 IPC and Sec.8 & 13(2) r/w 13(1) (d) of PC Act 1988 | Rigorous Imprisonment for 3 years and to pay a fine of Rs.20,000/- in default to undergo Rigorous Imprisonment for 6 months. |
| u/s.420 IPC | Rigorous Imprisonment for 3 years and to pay a fine of Rs.20,0 | ||
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