The Sessions Court while acquitting the appellant-accused for the offence under Section 302 of IPC, had convicted him for the offences under Section 304(ii) and 506(i) of IPC and had directed him to undergo 07 years of rigorous imprisonment and pay fine of 1 Rs. At about 05:15 PM, a quarrel took place with the appellant and the deceased, and the appellant thrashed the deceased with 2 repeated blows on his face. The panicked Sarathkumar on seeing the unconscious Mahalingam (deceased) requested a passerby named Ponnusamy (PW-3) who belonged to the same village to give him a phone, and he then called the brother of the deceased Arulkumar (PW-1). Joseph Aristotle for the respondent-State submitted that the Sessions Court and High Court have already shown leniency to the appellant by treating the case as falling under Section 304(ii) of IPC instead of section 302 of IPC and sentenced him to undergo rigorous imprisonment of 07 years, which may not be further reduced.
Having regard to the said findings recorded by the Sessions Court and confirmed by the High Court, this Court is of the opinion that the interest of justice would be met if the sentence imposed on the appellant-accused is reduced to the extent of 05 years in place of 07 years. .
Also Read: https://newslaw.in/supreme-court/dismissal-of-bail-application-in-money-laundering-case/
Case Title: PANEER SELVAM Vs. STATE OF TAMIL NADU REPRESENTED BY INSPECTOR OF POLICE (2023 INSC 270)
Case Number: Crl.A. No.-000871-000871 / 2023
