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Madras High CourtCRL RC(MD)/752/2013partly allowed

Periyakkal v. The Inspector Of Police

2019-07-02Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip The Appellant/Accused namely Periyakkal, W/o.Late Velayutham, aged about 46 years was directed to be released on bail as per order of this court dated.08.11.2013 and made in MP (MD)No.1/2013 in Crl.RC(MD)No.752/2013 on the file of this court. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.752 of 2013 Periyakkal

...Petitioner/Appellant/Accused

Vs.

State represented by The Inspector of Police, Edamalaipattipudur Police Station, Trichy District.

(Crime No.317/2013)

...Respondent/Respondent/Complainant

PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the conviction and sentence dated 24.09.2013 in C.A.No.34 of 2013 on the file of the Sessions Judge, Tiruchirapalli confirming the order and conviction and sentence dated 29.07.2013 in C.C.No.205 of 2012 on the file of the Judicial Magistrate No.II, Tiruchirappalli by allowing the criminal revision petition and acquit the petitioner from all charges.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is a lady. She was convicted and sentenced by the learned Judicial Magistrate No.II, Tiruchirappalli in C.C.No.205 of 2012 for the offences under Sections 294(b) and 506 (i) of IPC. She was sentenced to undergo one month simple imprisonment and also levied with fine of Rs.1000/-. The Judgment passed by the trial Magistrate was confirmed in Criminal Appeal No.34 of 2013 on the file of the Sessions Court, Thiruchirappalli on 24.09.2013. Challenging the same, this criminal revision case has been filed.

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that having regard to the evidence on record, he will not be in a position to contest the finding of guilt arrived at by the Courts below. He, however, submits that the petitioner is a widow and that, she has not come https://hcservices.ecourts.gov.in/hcservices/

under adverse notice after the occurrence. He, therefore, pleaded for modification of the sentence of imprisonment. 3.Having regard to the aforesaid facts, this Court, even while sustaining the conviction imposed on the petitioner and levy of fine, sets aside the sentence of imprisonment. The Judgments of the Courts below is modified. This criminal revision case is partly allowed.

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

1. THE SESSIONS JUDGE, TIRUCHIRAPALLI.

2. THE JUDICIAL MAGISTRATE NO.II, TIRUCHIRAPALLI.

3. THE JUDICIAL MAGISRATE NO.II, TIRUCHIRAPALLI.

4. THE INSPECTOR OF POLICE, EDAMALAIPATTIPUDUR POLICE STATION, TRICHY DISTRICT.

5. THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Mandhiralingeswaran, Advocate in SR.72718 Crl.R.C(MD)No.752 of 2013 02.07.2019 PBK (18.07.2019) 2P : 8C https://hcservices.ecourts.gov.in/hcservices/