CRL A(MD). No.90 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Criminal Original Jurisdiction

Monday, the Twenty Seventh day of February Two Thousand and Twenty

Three

PRESENT

The Hon`ble Dr.Justice G.JAYACHANDRAN

AND

The Hon`ble Mr.Justice SUNDER MOHAN

CRL A(MD). No.90 of 2021

The Inspector of Police

Periyakulam Police Station,

Theni District.

Cr.No. 183 of 2015. ... Appellant/Complainant

Vs

1 Sathishkumar

2 Krishnaveni

3 Divya

4 Angaiyah

... Respondent/Accused(A1 to A4)

Prayer :-

This Criminal Appeal filed under section 378(1) of Criminal

Procedure code, to set aside the judgment of acquittal of the

Respondents/Accused (A1 to A4) dated 28.11.2019 in sessions Case

No.176 of 2015 on the file of the Additional District and Sessions

Judge, Theni @ Periyakulam, to convict the Respondents/Accused (A1

to A4) for the charges framed against him.

ORDER:-

This Appeal Petition coming on for orders on this day and upon

perusing the petition and the affidavit filed in support thereof and

upon hearing the arguments of Mr.R.Meenakshi Sundaram, Additional

Public Prosecutor, for the Appellant and of Mr.G.Chnadra Sekar for

R 1 TO 4, Respondents , this Court made the following order:

On 15.02.2023, this Court, after re-appreciating the evidence

in the light of the appeal against acquittal, has held the accused

No.1 is guilty of the offence of culpable homicide not amounting to

murder since his act falls within the fourth exception to Section

300 IPC. For questioning the accused regarding the sentence, the

matter was adjourned to 27.02.2023.

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CRL A(MD). No.90 of 2021

2. The accused No.1 is appeared before this Court today

(27.02.2023). The accused No.1, who found guilty of offence under

Section 304(1) IPC, is questioned about the sentence.

He pleads that “Iah> ehd; ve;j jtWk; nra;atpy;iy. vdJ je;ij elf;f ,

ayhky; CdKw;w epiyapy; cs;shH. jhahUk; cly;eyk; Fiwtpy;

cs;shH. ,we;jthpd; Foe;ij vdJ jq;if kfs; mtHfisAk; ehd;jhd;

ghJfhj;J tUfpNwd;. vd; kPJ fUiz fhl;Lq;fs;.

”

3. Considering the facts and circumstances, the following

sentence is imposed: -

The first accused is sentenced to undergo five years

rigorous imprisonment and to pay a sum of Rs.1,000/- as fine,

in default, to undergo one month simple imprisonment for having

committed the offence under Section 304(1) I.P.C.

4.The first accused is directed to surrender before the trial

Court within a period of 30 days from today, failing which, the

trial Court is directed to issue Warrant and after securing the

accused, send him to remand. The period of sentence already

undergone by the accused No.1 is ordered to be set off under Section

428 Cr.P.C.

5. Accordingly, the appeal is partly allowed.

Sd/-

Assistant Registrar (CS-III)

// True Copy //

/03/2023

Sub Assistant Registrar(CS)

AM

TO

1.The Additional District and Sessions Judge,

Theni @ Periyakulam.

2.Do Thro' the Principal District Judge, Theni

3. The Judicial Magistrate, Theni

4. Do Thro' the Chief Judicial Magistrate,Theni

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CRL A(MD). No.90 of 2021

5. The District Collector,Theni.

6. The Director General of Police, Mylapore, Chennai.

7. The Superintendent, Central Prision,Theni.

8. The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai

Copy:

The Section Officer,

Criminal Section Records

Madurai Bench of Madras High Court, Madurai

+1. CC to M/S.G.Chnadra sekar, Advocate SR.No.11038

ORDER DATED : 27/02/2023

==========================

ORDER

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Crl.A(MD) No.90 of 2021

Giving direction and etc.

as stated within.

RD (15/03/2023) 3P 11C

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