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These Criminal Revision Cases are filed by the accused persons, who were found guilty and sentenced by the trial Court and the same confirmed by the lower appellate Court.
2. Particulars of the conviction and sentence for the respective offences is listed as below:-
No. of Conviction Sentence
Accused
A1 For the offences under To undergo Rigorous Imprisonment for
Sections 324, 448 of IPC six months
A2 For the offences under To undergo Three months Rigorous
Sections 147, 323, 448 of Imprisonment
IPC
A3 For the offences under To undergo Rigorous Imprisonment for
Sections 324, 448 of IPC six months
A4 For the offences under To undergo Three months Rigorous
Sections 147, 323 of IPC Imprisonment.
For the offence under To undergo Rigorous Imprisonment for
Section 448 of IPC Six months
A5 For the offence under (i)To undergo 3 months Rigorous
Section 147 of IPC Imprisonment
For the offence under
Section 323 IPC (ii)To undergo 3 months Rigorous
Imprisonment
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.266 and 395 of 2016
Name of the Accused Charges framed under Sections Anbazhagan(A1) 448, 147, 148 and 324 of IPC Veeramani (A2) 448, 147, 148, 324 of IPC Kannan(A3) 448, 147, 148, 324 & 506(2) of IPC Kumar (A4) 448, 147, 323 of IPC Senthilnathan (A5) 448, 147, 323 of IPC
19. This Court is of the view that for the offences committed and the circumstances under which the offence committed vis-a-vis the sentence imposed is not proportionate. Having held that the accused A1 to A5 formed unlawful assembly and committed house trespass, but both the Courts below inadvertent not sentenced A1 and A3 for offence under Section 147 of IPC. Also omitted to sentence A5 for offence under Section 448 of IPC having found him guilty of house trespass along with other accused. Pointing out the error in sentence, the same is modified as below:-
(Total fine
Rs.1000/-)
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.266 and 395 of 2016
Rank of the Conviction and Conviction and Conviction and
accused Sentence passed by Sentence passed by the Sentence modified
the trial Court lower Appellate Court by this Court
Veeramani To undergo 3 To undergo 3 months To pay a fine of
(A2) months RI each of RI each of the offences Rs.1000/-, in
the offences under under Sections 147, default to undergo 1
Sections 147, 323, 323, 448 of IPC. month SI for each
448 of IPC. of the offences
under Sections 147,
323 and 448 IPC.
(Total Fine
Rs.3,000/-)
Kannan (A3) To undergo 6 To undergo six months To undergo 3
months RI each of RI each of the offences months RI for the
the offences under under Sections 324, offence under
Sections 324, 448 448 of IPC. Section 324 of IPC;
of IPC.
To pay a fine of
Rs.1000/- in default
to undergo 1 month
SI for the offence
under Section 448
of IPC.
(Total fine
Rs.1000/-)
Kumar (A4) To undergo 3 To undergo 3 months To pay a fine of
months RI for the RI for the each of the Rs.1000/-, in
each of the offences under default to undergo 1
offences under Sections 147 and 323 month SI for each
Sections 147 and of IPC. of the offences
323 of IPC. under Sections 147,
and 323 and 448
IPC.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.266 and 395 of 2016
Rank of the Conviction and Conviction and Conviction and
accused Sentence passed by Sentence passed by the Sentence modified
the trial Court lower Appellate Court by this Court
To undergo 6 To undergo 6 months
months RI for RI for offence under (Total fine
offence under Section 448 of IPC. Rs.3000/-)
Section 448 of IPC.
Senthilnathan To undergo 3 To undergo 3 months To pay a fine of
(A5) months RI each of RI each of the offences Rs.1000/-, in
the offences under under Sections 147, default to undergo 1
Sections 147, 323 323 of IPC month SI each for
of IPC the offences under
Sections 147 and
323 of IPC
(Total Fine
Rs.2000/-)