Viswa @ Viswanathan v. Inspector Of Police

BAIL SLIP The Appellant/Accused was directed to be released on Bail as per the order of this Court dated 28.02.2011 in MP(MD)No.1 of 2011 in Crl.RC(MD)No.151 of 2011.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.151 of 2011 Viswa @ Viswanathan ... Petitioner Vs State represented by, The Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District.

(Crime No.2068/2004) ... Respondent PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, against the conviction and sentence imposed upon him in S.C.No.49 of 2007 on the file of the learned Assistant Sessions Judge cum Chief Judicial Magistrate, Thoothukudi, by Judgment dated 17.11.2007, wherein the petitioner was convicted under Section 341 IPC to undergo two weeks S.I., under Section 506 (ii) IPC to undergo two years R.I and under Section 307 of IPC to undergo seven years R.I., which was confirmed in Crl.A.No.17 of 2010 on the file of the Principal Sessions Judge, Thoothukudi, by Judgment dated 22.01.2011.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner was found guilty for the offences under Sections 341, 506(ii) and 307 of IPC. He was sentenced to undergo two weeks simple imprisonment, two years rigorous imprisonment and seven years rigorous imprisonment respectively for the said offences by the Courts below. Challenging the same, this criminal revision petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that he would not contest the finding of guilt and that he would be satisfied, if leniency is shown in the matter of punishment. He also submitted that the petitioner was in prison for nearly four years and that except this case, he has not come under adverse notice in any other case.

3.In view of the same, while confirming the conviction imposed on the petitioner, the sentence of imprisonment imposed on the petitioner is reduced and modified to the period already undergone by him.

4.With this modification, this criminal revision petition is partly allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Rmi To

1. The Principal Sessions Judge, Thoothukudi.

2. The The Inspector of Police, Thoothukudi South Police Station, Thoothukudi, Thoothukudi District.

3. The Assistant Sessions Judge cum Chief Judicial Magistrate, Thoothukudi.

+ 1 CC to Mr.A.Thiruvadi Kumar, Advocate in SR.No.70724 Crl.R.C(MD)No.151 of 2011 21.06.2019 KS(05.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/