Madras High CourtCRL A(MD)/120/2011partly allowed

Naganathan v. Inspector Of Police

2019-07-17Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip The Petitioner/Appellant/Accused namely Naganathan S/o.Krishnan was released on bail by this Hon'ble Court made in MP (MD) No.2 of 2011 in Crl A.(MD)No.120 of 2011 dated 07.06.2011. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A(MD)No.120 of 2011 Naganathan ... Petitioner/Appellant A1 Vs State represented., by the Inspector of Police B4-Keeraithurai Police Station, Madurai in Crime No.411/2009.

... Respondent/Complainant PRAYER: Criminal Appeal is filed under Section 374(2) of Cr.P.C., to set aside the conviction and sentence passed against the appellant on 04.01.2011 in S.C.No.224 of 2010 on the file of the Additional Sessions Court cum Fast Track Court No.II, Madurai and acquit him.

For Appellant : Mr.C.Muthumohan For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

JUDGMENT

The appellant was convicted and sentenced by the learned Additional Sessions Court cum Fast Track Court No.II, Madurai in S.C.No.224 of 2010 as follows:- Accused Penal Provisions Punishment Accused No.1 341 IPC To undergo rigorous imprisonment for one month.

307 IPC To undergo rigorous imprisonment for ten years with fine Rs.2,000/-, in default, rigorous imprisonment for three months.

Sentence to run concurrently.

https://hcservices.ecourts.gov.in/hcservices/ Questioning the same, this appeal has been filed.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) pointed out that the appellant was in incarceration for about 537 days.

3.Taking note of this aspect and considering the fact that the occurrence took place almost more than 10 years ago, this Court, even while sustaining the conviction, modifies and reduces the sentence to the period already undergone by him. The sentence of fine is set aside. This criminal appeal is partly allowed. Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector of Police, B4-Keeraithurai Police Station, Madurai.

2.The Additional Sessions Court cum Fast Track Court No.II, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Principal Sessions Judge, Madurai.

5.The Chief Judicial Magistrate, Madurai.

6.The Superintendent, Central Prison, Madurai.

7.The Judicial Magistrate No.IV, Madurai.

Crl.A(MD)No.120 of 2011 17.07.2019 CS(03.09.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/