Madras High CourtCRL A(MD)/300/2010partly allowed

Bright @ Muthu @ Stalin Bright v. Inspector Of Police

2019-07-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.A(MD)No.300 of 2010 Bail Slip Bright @ Muthu @ Stalin Bright (31/10), S/o.Antony Pillai was released on bail by the order of this Court, dated 08.10.2010 made in MP(MD)No.1 of 2010 in Crl.A(MD)No.300 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A(MD)No.300 of 2010 Bright @ Muthu @ Stalin Bright ... Appellant /Accused No.2 Vs State through The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

Crime No.87/2006.

... Respondent/Complainant PRAYER: Criminal Appeal is filed under Section 374 of Cr.P.C., to call for records, hear both sides and may be pleased to allow this appeal by setting aside the conviction and Judgment passed by the learned Additional District and Sessions Judge, Fast Track Court, Pudukkottai in S.C.No.52 of 2009, dated 04.08.2010 and may be pleased to acquit the appellant/accused from all the charges. For Appellant : Mr.R.P.Ramachandran For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

JUDGMENT

The appellant herein was tried for the offences under Sections 307 and 326 of IPC in S.C.No.52 of 2009 on the file of the Fast Track Court, Pudukkottai. By Judgment dated 04.08.2010, the appellant was found guilty of the offences under Sections 324 and 326 of IPC. For the offence under Section 326 of IPC, he was sentenced to one year rigorous imprisonment and levied with fine of Rs.2000/-. For the offence under Section 324 of IPC, he was sentenced to three months simple imprisonment. Questioning the same, this appeal has been filed.

2.The occurrence had taken place way back on 26.07.2006. The appellant had caused simple injury to P.W.1 and grievous injury to one Mathi. Even during the pendency of the trial, the said Mathi passed away. Having regard to the evidence on record, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.A(MD)No.300 of 2010 this Court is of the view that the conviction imposed on the appellant has to be sustained. Accordingly, even while sustaining the conviction imposed on the appellant, this Court reduces the sentence of imprisonment imposed on the appellant to the period already undergone by him. The Judgment of the Court below is accordingly modified. This criminal appeal is partly allowed. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) rmi To 1.The Additional District and Sessions Judge, Fast Track Court, Pudukkottai.

2.The Judicial Magistrate, Aranthangi, Pudukkottai District 3.Do thro'

The Chief Judicial Magistrate Pudukkottai 4.The Inspector of Police, Kottaipattinam Police Station, Pudukkottai District.

5.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai 6.The Section Officer,-2 copies Criminal Section, Madurai Bench of Madras High Court Madurai Crl.A(MD)No.300 of 2010 09.07.2019 KM/(19.09.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2