Madras High CourtCRL RC(MD)/281/2013disposed of

R. Alagesan v. The Sub-Inspector Of Police

2019-07-08Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip R.Alagesan, S/o.Raman, aged about 39 years was released on bail vide order made in MP(MD)No.2/2013 in Crl.RC(MD).No.281/2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.281 of 2013 R.Alagesan .. Petitioner/Appellant/ Accused No.1 Vs.

State rep. by, The Sub Inspector of Police, Thirumayam Police Station, Pudukkottai District.

(Crime No.68 of 2010) .. Respondent/Respondent/ Complainant Prayer : This Criminal Revision petition is filed under Sections 397 and 401 of Cr.P.C., to call for the records relating to the conviction and sentence to undergo 10 months Rigorous Imprisonment for the offence under Section 324 of I.P.C., passed in Criminal Appeal No.35 of 2011 on the file of the learned Additional District and Sessions Judge, Pudukkottai, confirming the Judgment and sentence dated 13.10.2011 in C.C.No.109 of 2010 on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam, set aside the same and consequently allow this Revision. For Petitioner : Mr.J.Anandakumar For Respondents : M/s.S.Bharathi, Government Advocate(Crl.Side).

ORDER

The petitioner was convicted for the offence under Section 324 of I.P.C. and sentenced to 1 year Rigorous Imprisonment by the trial Court. Questioning the same, he preferred an appeal. The appellate Court modified the sentence of 10 months Rigorous Imprisonment. Challenging the same, this Criminal Revision case has been filed.

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2. When the matter was taken up for hearing, the petitioner's counsel submitted that having regard to the evidence on record, he

would not be in a position to contest the finding of guilt. He however pleaded for modification in the matter of sentence.

3. Taking note of the said submission, this Court even while sustaining the conviction on the petitioner, sets aside the sentence of imprisonment imposed on the petitioner. However, the petitioner is directed to deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of C.C.No.109 of 2010 on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam, within a period of eight weeks from the date of receipt of a copy of this order. Such amount deposited by the petitioner shall be disbursed to the injured victim(P.W.1 Karuppaiya). In the event of failure on the part of the petitioner to do so, the petitioner will have to undergo the default sentence of six months Simple Imprisonment.

4. With this modification in the matter of sentence, this Criminal Revision stands partly allowed. No costs. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) To

1. The Additional District and Sessions Judge, Pudukkottai.

2. The District Munsif cum Judicial Magistrate, Thirumayam.

3. The Sub Inspector of Police, Thirumayam Police Station, Pudukkottai District.

Copy to:

The Section Officer, (2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.ANAND KUMAR, Advocate ( SR-74023[F] dated 08/07/2019 ) Crl. R.C.(MD)No.281 of 2013 04.07.2019 pmu JMN(05.09.2019) 2P : 7C https://hcservices.ecourts.gov.in/hcservices/