Document Fragment View

Matching Fragments

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/-)