Madras High Court
K.V.Srinivasan vs State Rep.By on 17 December, 2014
Author: C.T.Selvam
Bench: C.T.Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.12.2014 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.Nos.445 to 454 of 2009 K.V.Srinivasan Petitioner in all Revisions vs. State rep.by: Inspector of Police District Crime Branch Erode District. Respondent in all Revisions Prayer: Crl.R.C.No.445/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed in C.A.No.50 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.363 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for offences under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.446/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.54 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.367 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.447/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.51 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.364 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.448/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.52 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.365 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.449/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.53 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.366 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.450/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.55 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.368 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.451/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.59 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.372 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.452/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.58 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.361 of2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.453/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.56 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.369 of 2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. Crl.R.C.No.454/2009: Criminal Revision filed under Section 397 and 401 Cr.P.C against the judgment passed against him in C.A.No.57 of 2008 on the file of Additional District and Sessions Court (Fast Track No.3) Tharapuram, Erode District dated 31.12.2008, confirming the judgment passed in C.C.No.370 of 2002 on the file of Judicial Magistrate, Tharapuram, Erode District, convicting the petitioner for an offence under sections 409, 467, 468 IPC and to undergo rigorous imprisonment for 2 years alone for the offence under section 477(A) IPC and imposed a fine of Rs.500/- in default one week simple imprisonment by its order dated 30.01.2008. For Petitioner : Mr.S.Sairaman, Senior counsel for Mr.R.Achuthan For Respondent : Mr.M.Mohamed Riyaz, Government Advocate [Crl.side] ***** C O M M O N O R D E R
These revisions arise against the judgments of learned Additional District and Sessions Judge, Fast Track Court III, Tharapuram, Erode District, passed in C.A.Nos.50, 54, 51, 52, 53, 55, 59, 58, 56 and 57 of 2008 on 31.12.2008 confirming the judgments of learned Judicial Magistrate, Tharapuram, Erode District, passed in C.C.Nos.370, 367, 364, 365, 366, 368, 372, 371, 369 and 370 of 2002 on 30.01.2008.
2. Petitioner/A1 along with A2 faced trial for offences u/s.409, 420, 467, 468, 471 and 477-A IPC in C.C.Nos.370, 367, 364, 365, 366, 368, 372, 371, 369 and 370 of 2002 on the file of learned Judicial Magistrate, Tharapuram. The prosecution case was that petitioner, who was working as an Assistant at Tharapuram Government Hospital, along with A2, received monies from Tharapuram Treasury and misappropriated such sums by creating forged documents. On appreciation of materials before it, trial Court, under judgments dated 30.01.2008, while acquitting A2, convicted petitioner/A1 of offences u/s.409, 467, 468 and 477-A IPC, sentenced him to undergo 2 years R.I. and fine of Rs.500/- i/d 1 week S.I. for each of the offences u/s.409, 467 and 468 IPC and 2 years R.I. for offence u/s.477-A IPC and directed that the sentences run concurrently. There against, petitioner preferred C.A.Nos.50, 54, 51, 52, 53, 55, 59, 58, 56 and 57 of 2008 on the file of learned Additional District and Sessions Judge, Fast Track Court III, Tharapuram, Erode District. Appellate Court, under judgments dated 31.12.2008, dismissed such appeals. Hence, these revisions.
3. Though learned counsel for petitioner initially contended that there are merits in the defence case, he eventually restricted himself to the question of sentence. Learned counsel submitted that subsequent to judgments of Appellate court, petitioner had been arrested on 31.12.2008. This Court has, under orders dated 20.05.2009, granted relief of suspension of sentence. He has been in custody for a period of 147 days. While the First Information Report relating to offences of the period between August'1988 and March'1991 was registered on 05.04.1991, the final report had been filed 11 years later in 2002. Submitting that petitioner is now aged 68 years and suffers from various health problems, learned counsel prays this Court to show leniency on the question of sentence.
4. Heard learned Government Advocate on the above submissions.
5. On perusal of the papers, this Court finds no error in the judgment of conviction arrived at by Courts below. However, considering the fact that the occurrence was of the year 1991, that petitioner is now aged 68 and the submissions of learned counsel for petitioner that the petitioner had already undergone imprisonment for a period of 147 days, this Court modifies the sentence as follows:
the sentence of imprisonment against petitioner/A1 shall be treated as already undergone. Fine of Rs.1,500/- imposed by trial Court shall stand enhanced to a sum of Rs.40,000/- in each case. Fine amount shall be paid within a period of three months from today. In default, petitioner shall undergo 6 months simple imprisonment in each case. Sentences to run concurrently. These Criminal Revisions are disposed of with the above modification.
17.12.2014 Index:yes/no Internet:yes/no ajr/gm To
1.The Additional District and Sessions Court, Fast Track Court III, Tharapuram, Erode District.
2.The Judicial Magistrate, Tharapuram, Erode District.
3.The Inspector of Police District Crime Branch Erode District.
4.The Public Prosecutor, High Court, Madras.
C.T.SELVAM, J.
ajr/gm Crl.R.C.No.445 to 454 of 2009 17.12.2014