V.N. Murugan v. Palpandi

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OF FINE OR BOTH, IN PURSUANCE OF AN ORDER PASSED ON APPEAL BY THE HIGH COURT ( Section 378, 397 and 401 of Criminal Procedure Code ) BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of FEBRUARY, Two Thousand and Twenty PRESENT THE HON'BLE MR.JUSTICE T.RAJA AND THE HON'BLE MR.JUSTICE B.PUGALENDHI Criminal Appeal (MD) No. 340 of 2017 V.N. Murugan S/o. Nallamaruthu Thevar, Plot No. 1167 Mela Anuppanadi, Housing Board Colony, Madurai ... Appellant in CRL A(MD). 340/ 2017 /Complainant / VERSUS /

1. Palpandi (Died)

2. Veerapandi, S/o. Koppuli Thevar, Muniyandi Kovil St,Madurai

3. Ramachandran Alias Matti Rama Chandran, S/o. Pandi, Housing Board Colony, Mela Anuppanadi,Madurai

4. Vilvadurai, S/o. Muniyasamy, Kanmai Paguthi,Mela Anupanadi, Madurai

5. Pandi S/o. Marimuthu, 26B, Chinthamani Road,Valaithopu,Madurai

6. Chinnamani, S/o. Pandi, Sangupillaimadam,Chinthamani Road,Valaithopu,Madurai

7. Moorthy, S/o. Pandi, 26B, Chinthamani Road, Valaithopu, Madurai.

8. Kannan Alias Usadi Kannan, S/o. Duraikannan, Valaithopu,Madurai

9. The Inspector of Police Avaniyapuram Police Station, Madurai District, Cr No. 538/2007 ... Respondents in CRL A(MD). 340/ 2017 (Appeal stands abated as against the first respondent/first Accused vide order dated 20.11.2019) 1/3

Whereas the above said Appellant preferred the above Criminal Appeal is filed under Section 372 of the Code of Criminal Procedure, against the judgment dated 28.04.2017 in S.C.No. 353 of 2011 on the file of the IV Additional District and Sessions Judge, Madurai.

ORDER : This Appeal coming for questioning the accused with regard to the sentence in the presence of Mr.R.Anand for Mr.P.T.Ramesh Raja,Advocate for the Appellant and Mr. R.Mariappan,Advocate for the Respondents 2 to 8 and Mr.R.Anandharaj, Additional Public Prosecutor on behalf of the 9th Respondent, this Court made the following order ;

(Order of the Court was made by B.PUGALENDHI, J.) As directed by this Court, the respondents 2 to 8 / accused 2 to 8 are produced before this Court today. When they were questioned with regard to sentence, they pleaded innocence and prayed for leniency.

2. Since the first respondent / first accused died pending this appeal, the charges as against him stand abated.

3. Considering the nature of the offences and the request made by the respondents 2 to 8 / accused 2 to 8, this Court convicts and sentences them as follows:

i) The respondents 2 to 6 / accused 2 to 6 are sentenced - to undergo rigorous imprisonment for a period of two years each for the offence under Section 148 IPC;

- to undergo life imprisonment and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) each and in default of payment of fine amount, to undergo rigorous imprisonment for a period of three months each, for the offence under Section 302 IPC; and - to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.2,000/- (Rupees Two Thousand only) each and in default of payment of fine amount, to undergo rigorous imprisonment for a period of three months each, for the offence under Section 307 IPC.

ii) The respondents 7 & 8 / accused 7 & 8 are sentenced - to undergo rigorous imprisonment for a period of two years each for the offence under Section 148 IPC;

- to undergo life imprisonment and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) each and in default of payment of fine amount, to undergo rigorous imprisonment for a period of three months each, for the offence under Section 302 r/w 149 IPC; and - to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.2,000/- (Rupees Two Thousand only) each and in default of payment of fine amount, to undergo rigorous imprisonment for a period of three months each, for the offence under Section 307 IPC.

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4. The sentences are ordered to run concurrently and the period of imprisonment already undergone, if any, shall be given set off under Section 428 Cr.P.C.

5. Registry is directed to commit them to prison to undergo the sentence imposed on the respondents 2 to 8 / accused 2 to 8. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.IV Additional District and Sessions Judge, Madurai. 2.-do- thro' the Principal District Judge, Madurai. 3.The Judicial Magistrate No. VI, Madurai.

4.-do- thro'the Chief Judicial Magistrate, Madurai. 5.The District Collector, Madurai.

6.The Director General of Police, Mylapore, Chennai. 7.The Superintendent, Central Prison, Madurai. 8.The Superintendent of Police, Madurai District, Madurai. 9.The Inspector of Police, Avaniyapuram Police Station, Madurai District, (Crime No. 538/2007) 10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to 1.The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

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

ORDER DATED 28.02.2020 -------------------------

ORDER

------------------------- Criminal Appeal (MD) No. 340 of 2017 Giving direction and etc. as stated within.

SGS(CO) TR(28.02.2020) 3P 13C 3/3