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Madras High CourtCRL MP/7710/2024dismissed

Harinath v. State By

2024-07-31Honourable Mr Justice M.Dhandapani3 pages

Crl.M.P.No.7710 of 2024 In Crl.A.No.576 of 2024 M.DHANDAPANI,J.

The petitioner/ appellant is the accused in Special S.C.No.268 of 2021 on the file of the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai and he was convicted for the offences punishable under Sections 452, 307 (2 counts) and 506(ii) of I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.3,000/- in default to undergo simple imprisonment for a period of three months for the offence under Section 452 of I.P.C.; to undergo rigorous imprisonment for a period of seven years for each count and to pay a fine of Rs.10,000/- for each count in default to undergo simple imprisonment for a period of three months for each count for the offence under Section 307 (2 counts) of I.P.C.; to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for a period of three months for the offence under Section 506 (ii) of I.P.C. The sentences were ordered to 1/3

run concurrently. The period of imprisonment already undergone by the petitioner from 15.04.2021 to 20.07.2021 and from 07.03.2024 to 11.03.2024 was ordered to be set off under Section 428 of Cr.P.C. Hence, the appellant seeks suspension of sentence. 2.The learned counsel for the appellant would submit that there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable. 3.Heard the submissions made by the learned Government Advocate (Crl. Side) appearing for the respondent. 4.Perusal of the records reveal that for property dispute, the petitioner has attacked his Father, Mother and Sister with Aruval, thereby, they sustained stab injuries.

5.Considering the fact that the offence committed by the petitioner is heinous offence, this Court is not inclined to grant the relief sought for by the petitioner in this petition. Accordingly, this criminal miscellaneous petition is dismissed. 31.07.2024 pri 2/3

M.DHANDAPANI, J.

pri Crl.M.P.No.7710 of 2024 In Crl.A.No.576 of 2024 31.07.2024 3/3