The Inspector of Police v. Sathishkumar

ORDER:- This Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Meenakshi Sundaram, Additional Public Prosecutor, for the Appellant and of Mr.G.Chnadra Sekar for R 1 TO 4, Respondents , this Court made the following order: On 15.02.2023, this Court, after re-appreciating the evidence in the light of the appeal against acquittal, has held the accused No.1 is guilty of the offence of culpable homicide not amounting to murder since his act falls within the fourth exception to Section 300 IPC. For questioning the accused regarding the sentence, the matter was adjourned to 27.02.2023.

¶2The accused No.1 is appeared before this Court today (27.02.2023). The accused No.1, who found guilty of offence under Section 304(1) IPC, is questioned about the sentence. He pleads that "Iah> ehd; ve;j jtWk; nra;atpy;iy. vdJ je;ij elf;f , ayhky; CdKw;w epiyapy; cs;shH. jhahUk; cly;eyk; Fiwtpy; cs;shH. ,we;jthpd; Foe;ij vdJ jq;if kfs; mtHfisAk; ehd;jhd; ghJfhj;J tUfpNwd;. vd; kPJ fUiz fhl;Lq;fs;. "

¶3Considering the facts and circumstances, the following sentence is imposed: - The first accused is sentenced to undergo five years rigorous imprisonment and to pay a sum of Rs.1,000/- as fine, in default, to undergo one month simple imprisonment for having committed the offence under Section 304(1) I.P.C.

4.The first accused is directed to surrender before the trial Court within a period of 30 days from today, failing which, the trial Court is directed to issue Warrant and after securing the accused, send him to remand. The period of sentence already undergone by the accused No.1 is ordered to be set off under Section 428 Cr.P.C.

¶5Accordingly, the appeal is partly allowed. Sd/- Assistant Registrar (CS-III) // True Copy // /03/2023 Sub Assistant Registrar(CS) AM

TO

1.The Additional District and Sessions Judge, Theni @ Periyakulam.

2.Do Thro' the Principal District Judge, Theni

¶3The Judicial Magistrate, Theni

¶4Do Thro' the Chief Judicial Magistrate,Theni

¶5The District Collector,Theni.

¶6The Director General of Police, Mylapore, Chennai.

¶7The Superintendent, Central Prision,Theni.

¶8The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy: The Section Officer, Criminal Section Records Madurai Bench of Madras High Court, Madurai +1. CC to M/S.G.Chnadra sekar, Advocate SR.No.11038 ORDER DATED : 27/02/2023 ========================== ORDER ==========================

Crl.A(MD) No.90 of 2021

Giving direction and etc. as stated within. RD (15/03/2023) 3P 11C

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Monday, the Twenty Seventh day of February Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN AND The Hon`ble Mr.Justice SUNDER MOHAN The Inspector of Police Periyakulam Police Station, Theni District. Cr.No. 183 of 2015. ... Appellant/Complainant Vs 1 Sathishkumar 2 Krishnaveni 3 Divya 4 Angaiyah ... Respondent/Accused(A1 to A4) Prayer :- This Criminal Appeal filed under section 378(1) of Criminal Procedure code, to set aside the judgment of acquittal of the Respondents/Accused (A1 to A4) dated 28.11.2019 in sessions Case No.176 of 2015 on the file of the Additional District and Sessions Judge, Theni @ Periyakulam, to convict the Respondents/Accused (A1 to A4) for the charges framed against him.