Madras High CourtCRL RC(MD)/836/2011partly allowed

Mahamuni v. Inspector Of Police

2019-06-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.836 of 2011 1.Mahamuni 2.Rajeev Gandhi 3.Uthandan ... Petitioners Vs State represented by, The Inspector of Police, Musiri Police Station, Trichy District.

Crime No.752 of 2005 ... Respondent PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the Judgment and sentence passed in C.A.No.150 of 2010, dated 27.07.2011 on the file of the Additional District cum Sessions Court (Fast Track Court No.1), Trichy, confirming the Judgment and Sentence passed in C.C.No.146 of 2006, dated 09.11.2010 on the file of the Judicial Magistrate, Musiri, convicting the petitioners under Section 324 of IPC and sentenced to undergo one year rigorous imprisonment.

For Petitioners : Mr.V.Illanchezian For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners suffered conviction for the offence under Section 324 of IPC. They were sentenced to one year rigorous imprisonment. Questioning the concurrent Judgments of the Courts below, this revision case has been filed.

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioners submitted that they would not question the conviction imposed on them and they would be satisfied, if leniency is shown in the matter of sentence. 3.The learned Government Advocate (Crl.side) pointed out that the petitioners have inflicted grievous injury on the vital parts of the body of P.W.1 to P.W.3.

4.Therefore, even while, reducing the period of imprisonment imposed on the petitioners from one year rigorous imprisonment to the period already undergone by them, this Court directs the https://hcservices.ecourts.gov.in/hcservices/

petitioners to pay compensation of Rs.15,000/- each to the respective victims namely, P.W.1 to P.W.3. The petitioners undertake to pay a sum of Rs.45,000/- as compensation totally by depositing the same to the credit of C.C.No.146 of 2006 on the file of the Judicial Magistrate, Musiri, in default, they will undergo three months simple imprisonment.

The learned trial Magistrate/Legal Service Authority, shall take steps to disburse the compensation amount of Rs.15,000/- each to the respective victims namely P.W.1 to P.W.3 .

5.With this modification in the matter of sentence, this criminal revision case is partly allowed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Additional District cum Sessions Court (Fast Track Court No.1), Trichy.

2.The Judicial Magistrate, Musiri.

3.The Inspector of Police, Musiri Police Station, Trichy District.

+1 CC to Mr.V.Illanchezian, Advocate, SR.No.72058. Crl.R.C(MD)No. 836 of 2011 27.06.2019 CS:16.07.2019/ 2P/ 5C https://hcservices.ecourts.gov.in/hcservices/