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1995 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
Principal Sessions Judge, J
Dhandapani v. Dhandapani and Another


Table of Content
1. challenge of substantive sentencing under ipc section 326. (Para 1)
2. arguments regarding the mandatory nature of sentencing under ipc. (Para 2 , 3)
3. court's observations on the proper application of sentencing law. (Para 4)
4. revision granted for remanding the case for appropriate sentencing. (Para 5)

1. This revision is challenging the of the legality of the punishment without substantive sentence, passed by the learned Principal Sessions Judge, Trichirapalli in C.A. No. 76/91 a confirming the order of conviction passed in C.A. No. 76/91 confirming the order of conviction passed in CC. No. 495 of 1989 on the file of the Judicial Magistrate No. III, Karur. The revision petitioner was the complainant before the trial Court. He filed the complaint against the first respondent, who was the second accused, and another person for the offences under S.323, S.325 and S.326, Indian Pedal Code alleging that on 26-2-88 when he was diverting the water for the irrigation of his sister's land, P.W. 2, this respondent and his father beat him and his sister, causing grievous injuries. The trial Court convicted the first respondent for the offences under S.326, Indian Penal Co





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