Supreme Court - Daily Orders
Wilson vs The State Of Kerala on 30 August, 2019
Bench: Uday Umesh Lalit, Vineet Saran
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1315 OF 2019
(Arising out of SLP (Crl.) No.7879 of 2019
Arising out Diary No.30618/2018)
WILSON & ORS. Appellants
VERSUS
STATE OF KERALA Respondents
O R D E R
Delay condoned.
Leave granted.
The appellants were convicted by the Additional Sessions Judge (Adhoc-II), Thodupuzha, Kerala, in Sessions Case No.232/2003 for offences punishable under Sections 307, 326, 324, 341, 450 and 447 IPC and were awarded sentence of three years under Sections 307, 326 and 450 IPC with minor sentences on other counts.
In Criminal Appeal No.2054 of 2004 preferred by the appellants, the High Court acquitted them of the charge under Sections 307, 324 and 450 IPC and affirmed the order of conviction under Section 326 IPC but reduced the substantive sentence to six months. The conviction under Sections 341 and 447 IPC was maintained.
Signature Not VerifiedDigitally signed by
In this appeal challenging the aforesaid decision of the High MUKESH KUMAR Date: 2019.08.30 17:19:00 IST Court, this Court, on 22.07.2019, passed the following order:
Reason:2
“Learned Chamber Judge had granted exemption from surrendering to the petitioners on 11.01.2019. We recall that order and direct the petitioners to surrender immediately.
Subject to each of the petitioners depositing a sum of Rs.50,000/- before the Trial Court within two weeks from today, let notice be issued returnable on 30.08.2019. Dasti service, in addition, is permitted. Liberty is granted to serve the learned Standing Counsel for the State.” Mr. Adolf Mathew, learned counsel for the appellants submitted that in compliance of the aforesaid direction, the appellants have already surrendered and have also deposited money as directed by this Court.
We have heard Mr. Adolf Mathew, learned counsel for the appellants and Mr. Nishe Rajen Shonker, learned counsel for the State.
After going through the entirety of the matter, in our view, the ends of justice would be met if the substantive sentence imposed upon the appellants is reduced to the one which has already been undergone. We order accordingly.
The appellants shall be released forthwith, if not already required in connection with any other case.
The money deposited pursuant to our order dated 22.07.2019 shall now be made over to the victim, namely, PW1. 3 With the aforesaid observations, this appeal is allowed.
.................................J. [UDAY UMESH LALIT] .................................J. [VINEET SARAN] NEW DELHI;
AUGUST 30, 2019
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OUT TODAY
ITEM NO.31 COURT NO.7 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No.30618/2018 (Arising out of impugned final judgment and order dated 08-02-2018 in CRLA No.2054/2004 passed by the High Court Of Kerala At Ernakulam) WILSON & ORS. Petitioner(s) VERSUS STATE OF KERALA Respondent(s) (IA No.184542/2018 - FOR CONDONATION OF DELAY IN FILING; and, IA No.184543/2018 - FOR CONDONATION OF DELAY IN REFILING) Date : 30-08-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Adolf Mathew, Adv.
Mr. Sanjay Jain, AOR For Respondent(s) Mr. Nishe Rajen Shonker, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is allowed, in terms of the signed order.
(MUKESH NASA) (NISHA TRIPATHI)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)