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Madras High CourtCRL RC(MD)/695/2011partly allowed

Sathik Batcha v. The Inspector Of Police

2019-06-28Honourable Mr Justice G.R.Swaminathan4 pages

BAIL SLIP

1) Sathik Batcha S/o. Sheik mohammed, aged about 32 years

2) Baskar S/o. Velliyangiri aged about 32 years

3) Rajesh @ Karuppusamy aged about 35 years Were released on bail vide order of this Court dated 22.08.2011 in MP(MD).1/2011 in CRL RC(MD).695/2011, MP(MD).2/2011 in CRL RC(MD).722/11 and MP(MD).2/2011 in CRL RC(MD).831/2011 Respectively.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)Nos.695, 722 and 831 of 2011 Crl.R.C.(MD)No.695 of 2011:

Sathik Batcha ... Petitioner/Petitioner/ Accused No.1 Vs.

State represented by The Inspector of Police, ... Respondent/Respondent/ Complainant Prayer : Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to set aside the judgment made in C.A.Nos.9 of 2011, on the file of the learned Sessions Court, Karur, dated 09.06.2011, confirming the judgment in S.C.No.72 of 2010, on the file of the learned Chief Judicial Magistrate, Karur, dated 01.02.2011, and modifying the sentence to undergo one year rigorous imprisonment and to pay the fine amount of Rs.1,000/- in default, to undergo simple imprisonment for one month and set aside the judgment and allow thee revisions.

For Petitioner : Mr.S.Gokulraj For Respondent : Mr.A.Robinson Government Advocate (Crl. Side) Crl.R.C.(MD)No.831 of 2011:

Rajesh @ Karuppusamy ... Petitioner/Petitioner/ Accused No.3

Vs.

State represented by The Inspector of Police, ... Respondent/Respondent/ Complainant Prayer : Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to set aside the judgment made in C.A.No.7 of 2011, on the file of the learned Sessions Court, Karur, dated 09.06.2011, confirming the judgment in S.C.No.72 of 2010, on the file of the learned Chief Judicial Magistrate, Karur, dated 01.02.2011, and modifying the sentence to undergo one year rigorous imprisonment and to pay the fine amount of Rs.1,000/- in default, to undergo simple imprisonment for one month and set aside the judgment and allow thee revisions.

For Petitioner : Mr.S.Gokulraj For Respondent : Mr.A.Robinson Government Advocate (Crl. Side) Crl.R.C.(MD)No.722 of 2011:

Baskar ... Petitioner/Appellant Vs.

State represented by The Inspector of Police, Counterfeit Currency Wing, CBCID, Thiruchirappalli Division.

... Respondent/Respondent Prayer : Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records and set aside the judgment of conviction and sentence imposed upon the petitioner/appellate in Crl.A.No.6 of 2011, dated 09.06.2011, on the file of the learned Sessions Court, Karur, modifying the judgment and sentenced passed by the learned Additional Sessions Judge/Chief Judicial Magistrate, Karur, in S.C.No.72 of 2010, dated 01.02.2011. For Petitioner : Mr.B.Saravanan For Respondent : Mr.A.Robinson Government Advocate (Crl. Side) C O M M O N O R D E R Four accused were prosecuted for the offence under Sections 489(B) and 489(C) of I.P.C. in C.C.No.72 of 2010, on the file of the learned Chief Judicial Magistrate, Karur. 2.The learned Trial Magistrate after considering the

evidence on record came to the conclusion that the prosecution had proved its case beyond reasonable doubt. They were sentenced to seven years rigorous imprisonment each for the offence under Sections 489(B) and 489(C) of I.P.C. They were also directed to pay a fine of Rs.3,000/- and Rs.2,000/- respectively. Default sentence was also imposed. Aggrieved by the judgment of conviction and sentence made on 01.02.2011 by the Trial Judge, A1/Sathik Basha filed C.A.No.9 of 2011, A2/Baskar filed C.A.No.6 of 2011 and A3 and A4 filed C.A.No.7 of 2011 before the Sessions Judge, Karur. All the appeals were heard together and give a common burial on 09.06.2011. Challenging the same, A1/Sathik Batcha filed Crl.R.C. (MD)No.695 of 2011 while A2/Baskar filed Crl.R.C.(MD)No.722 of 2011.

Since A4/Saravanan was acquitted by the learned Appellate Court, A3/Rajesh @ Karuppasamy alone filed Cr.R.C.(MD)No.831 of 2011. All these criminal revision cases were taken up together for common disposal. Even at the very commencement, the learned counsels appearing for the revision petitioners submitted that they would not challenge the finding of guilt and conviction and they would be satisfied if indulgence is shown in the matter of punishment.

3.It is true that A1 and A2 are leading peaceful life and they have not indulged in any criminal activity during the last ten years. It is true that as against A3 a cheating case has been registered. But then A3 is virtually on death bed. Taking note of these mitigating factors, this Court even while sustaining the conviction imposed on the petitioners, reduces the period of imprisonment to the period already undergone by them. With this modification in the matter of sentence, this criminal revision case is partly allowed.

Sd/- Assistant Registrar(AS) // True Copy // Sub Assistant Registrar(CS) ias To:

1.The Judicial Magistrate, Karur.

2.The Chief Judicial Magistrate, Karur.

3.The Additional Sessions Court, Karur.

4.The Inspector of Police,

5.The Inspector of Police, Counterfeit Currency Wing, CBCID, Thiruchirappalli Division.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.B.SARAVANAN, Advocate Sr. No. 72567 +2CC TO MR.S.GOKULRAJ, Advocate Sr. No. 72263 & 72264 Crl.R.C.(MD)Nos.695, 722 and 831 of 2011 28.06.2019 NSN(CO) TR (19.07.2019) 6P 10C