Supreme Court - Daily Orders
Murugasamy Gounder vs State Represented By The Inspector Of ... on 14 September, 2016
Bench: V. Gopala Gowda, Adarsh Kumar Goel
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).886 OF 2016
(@SLP(CRL.) NO(S).7169 OF 2016)
(@SLP (CRL.) NO(S).......CRL.MP 8793 OF 2016)
MURUGASAMY GOUNDER Appellant(s)
VERSUS
STATE REPRESENTED BY THE INSPECTOR
OF POLICE, COIMBATORE DIST. Respondent(s)
O R D E R
Delay condoned.
Leave granted.
Heard learned counsel for the appellant. The appellant is aggrieved of the judgment and order of concurrent findings passed by the High Signature Not Verified Digitally signed by Court on the charge against him. VINOD KUMAR Date: 2016.09.16 17:33:06 IST Reason: Our attention was invited to the relevant portion of the impugned judgment and order. We do 2 not find that a case under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is made out. In respect of other offences relating to the Indian Penal Code, having regard to the peculiar facts and circumstances of the case, in our considered opinion, while upholding the conviction, we modify the impugned judgment and order with regard to the sentence in respect of offences under the Indian Penal Code and reduce the sentence of the appellant to the period already undergone by him. As per office report dated 30.08.2016, learned counsel for the appellant has filed proof of surrender, which is barred by time by 12 days. Delay in filing the same is condoned. Since the appellant is lodged in jail, the jail authorities are directed to release him from custody forthwith.
Since this order is being passed without notice to the respondent, it is at liberty to approach this Court, if aggrieved. 3 The appeal is partly allowed in the aforesaid terms.
Pending application(s), if any, stand(s) disposed of.
...................J. (V. GOPALA GOWDA) ....................J. (ADARSH KUMAR GOEL) NEW DELHI, SEPTEMBER 14, 2016 4 ITEM NO.65 COURT NO.8 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.)...... CRLMP No(s). No.8793/2016 (Arising out of impugned final judgment and order dated 18/12/2015 in CRLA No. 1131/2007 passed by the High Court Of Madras) MURUGASAMY GOUNDER Petitioner(s) VERSUS STATE REPRESENTED BY THE INSPECTOR OF POLICE, COIMBATORE DIST. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 14/09/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. Anandh Kannan N.,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
Heard learned counsel for the appellant. Since the appellant is lodged in jail, the jail authorities are directed to release him from custody forthwith.5
Since this order is being passed without notice to the respondent, it is at liberty to approach this Court, if aggrieved. The appeal is partly allowed in terms of the signed order.
Pending application(s), if any, stand(s) disposed of.
(VINOD KUMAR JHA) (MALA KUMARI SHARMA)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file)