Chandran @ Manichan v. State of Kerala
Case brief
What is this about?
The Court dismissed the accused's appeal regarding conviction and held it infructuous as the sentence term lapsed. It set aside a granted set-off under Section 428 Cr.P.C. for the State but did not enhance the life convict's sentence, allowing Crl.A.562/2008 in part.
What did the court decide?
Set aside set-off granted under Section 428 Cr.P.C.; Crl.A.562/2008 allowed in part.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 14TH DAY OF OCTOBER 2020 / 22ND ASWINA, 1942
CRL.A.No.52 OF 2008
AGAINST THE JUDGMENT IN SC 516/2006 OF I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
APPELLANT/ACCUSED:
CHANDRAN @ MANICHAN S/O SIVADASAN,CONVICT NO.6665, CENTRAL PRISON,, THIRUVANANTHAPURAM, FROM PATTARUMADOM VEEDU,, CHIRAYINKEEZH, KOONATHOOR DESOM, KEEZHVILLOM, VILLAGE, CHIRAYINKEEZH TALUK.
BY ADV. SRI.S.RAJEEV
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.164/CR/S1/03, CBCID, SIG-I).
Issues for consideration
3 issues framed by the court
Whether the criminal appeal against sentence has become infructuous as the imprisonment term has already lapsed for a life convict.
Whether the set-off granted under Section 428 Cr.P.C. against a sentence undergone in connection with another case is sustainable.
Whether the sentence awarded deserves any interference.
Parties & counsel
- appellant
Chandran @ Manichan
- appellant
State of Kerala
Coram
P.Somarajan
Case details
As recorded by the court registry
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