Ranjith v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Crl. M.P. No. 5005 of 2020 in Crl.A. No. 897 of 2019 Ranjith, aged 35 years S/o.Chinnasamy Vetharampatti colony Arur Taluk Dharmapuri District.

.. Petitioner / Appellant/Accused No.3 Vs.

The State represented by the Inspector of Police Kambainallur Police Station Dharmapuri District.

Crime No.278 of 2012 .. Respondent/ Complainant PRAYER : Criminal Miscellaneous Petition filed under Section 389(1) of Criminal Procedure Code praying to suspend the sentence passed by the learned Additional Sessions Judge, Dharmapuri, Dharmapuri District in S.C.No.48 of 2014 dated 12.11.2019 against the petitioner and enlarge the petitioner on bail pending disposal of the Criminal Appeal.

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For Petitioner : Mr.V.Rajamohan For Respondent : Mrs. M.Prabhavathi, (Additional Public Prosecutor)

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter is heard through "Video Conferencing". 2.This petition has been filed by the 3rd accused to suspend the life imprisonment imposed on him in S.C.No.48 of 2014 by the learned Additional Sessions Judge, Dharmapuri, Dharmapuri District, by judgment dated 12.11.2019 for having murdered one Aqumari on 12.08.2012 due to an earlier quarrel between the deceased group and the accused family. 3.The case of the prosecution is that there was a quarrel between the petitioner and the victim's family in the morning on the date of occurrence. Therefore, the victim's family came in a car in the evening and picked up a quarrel with the accused. At that time, the 4th accused went into the house and picked up a knife and attacked the deceased. Therefore, P.W.3 and P.W.20 chased the 4th accused and by that time A.1 to A.3 came with knives in their hands. However, 1st accused alone assaulted the deceased with knife and the 2/6

deceased succumbed to the injuries.

4.Learned counsel appearing for the appellant would submit that no assault was made by the appellant/3rd accused, though he was possessing a knife in his hand. It was only the 1st accused, who assaulted the deceased. Further, the case of the prosecution is that the 3rd accused attacked P.W.1 with his knife on the hand of P.W.1. However, he has been acquitted of the offence under Section 307 IPC by the Trial Court invoked against him for assaulting P.W.1. In the absence of any overt act by the appellant/3rd accused, who is said to have assaulted (vis-à-vis) the deceased, the trial Court should not have convicted the appellant, the learned counsel appearing for the appellant/petitioner would argue. Therefore, he prays this Court to suspend the sentence imposed on the petitioner/3rd accused. 5.

However, the learned Additional Public Prosecutor appearing for the respondent would submit that it is a clash between two families. The victim's family came to the house of the 4th accused and picked up a quarrel. A.1 to A.4 came out with knives and the 1st accused assaulted the deceased and the 3rd accused assaulted P.W.1. Hence, she sought for dismissal of the petition.

6. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent and perused the materials on record.

7.As rightly pointed out by the learned counsel appearing for the petitioner/appellant, though the petitioner was possessing a knife, he had not assaulted the deceased and therefore, it is evident that there is no overt act on the part of the petitioner/appellant as far as attack on the deceased is concerned. In the above circumstances, arguable points are involved in the appeal. Therefore, this Court is inclined to order suspension of sentence imposed against the petitioner/3rd accused. Accordingly, the substantive sentence of imprisonment imposed by the learned Additional Sessions Judge, Dharmapuri, Dharmapuri District, against the petitioner alone is suspended on the following conditions:

(i) Petitioner/3rd accused is directed to execute his own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of Prison, Central Prison, Vellore, in view of the prevailing pandemic situation. (ii) The petitioner must also appear before the respondent police, on first Monday of every month at 10.30 A.M. until further orders. 4/6

(N.K.K., J.) (V.M.V., J.) 26.08.2020 Index:Yes/No Internet:Yes/No kj Note: Issue order copy by today (26.08.2020) To 1.Inspector of Police Kambainallur Police Station Dharmapuri District.

2.The Additional Sessions Judge Dharmapuri, Dharmapuri District.

3.The Superintendent of Prision Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras, Chennai.

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N.KIRUBAKARAN, J.

and V.M.VELUMANI, J.

kj Crl. M.P. No. 5005 of 2020 in Crl.A. No. 897 of 2019 Dated : 26.08.2020 6/6