The Madurai Bench of Madras High Court allowed a criminal appeal against a conviction for abetment to suicide under Section 306 IPC. The court set aside the lower court's judgment, acquitted the appellant, and directed his release from prison.
Sentence under Section 306 IPC set aside; appellant acquitted and released; fine refunded.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Sixteenth day of June Two Thousand Sixteen
PRESENT
The Hon`ble Dr.Justice P.DEVADASS
CRL A(MD) No.142 of 2016
MANIKANDAN ..APPELLANT/SOLE ACCUSED Vs. STATE REP.BY THE INSPECTOR OF POLICE THIRUNEELAKUDI POLICE STATION, THANJAVUR DISTRICT. CR.NO.215/2011 ..RESPONDENT/COMPLAINANT
Criminal Appeal under Section 374(2) Cr.PC., against to set aside the judgment and conviction dated 13.04.2016 by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur in S.C.No.226 of 2013 and acquit the appellant.
Order : This Appeal coming on for hearing on this day and upon hearing the arguments of M/S.S.RAJAPRABU, Advocate for the appellant and of Mr.P.KANDASAMY, Government Advocate (Crl.Side) on behalf of the state, and having stood over for consideration to this day, it is ordered as follows:-
i)that the Criminal Appeal be and hereby is allowed;
ii)that the conviction and sentence imposed on the appellant/accused under Section 306 IPC., by the learned Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur dated 13.04.2016 in S.C.No.226 of 2013 be and hereby is set aside;
iii)that the appellant/sole accused namely Manikandan, S/o.Thirunavukkarasu, be and hereby is acquitted of all the charges levelled against him by the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur.
iv)that the Superintendent, Central Prison, Trichy, be and hereby is directed to release the appellant forthwith, unless be is required in connection with any other case.
v)that the fine amount if any shall be refunded to the appellant/accused.
sd/-
Assistant Registrar(AS) / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.
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TO
ORDER DATED : 16.06.2016 DETAILED JUDGMENT WILL FOLLOW ADVANCE ORDER
CRL A(MD) No.142 of 2016
Allowing the Crl.A.No.142 of 2016 by setting aside the judgment and conviction in SC.No.226 of 2013 by the Sessions Judge, Mahalir Neethimandram (Fast Track Mahila Neethimandram), Thanjavur etc, as stated within.
PBK/GSV-PM/SAR-II 16/06/2016 ::2P-9C::
2 issues framed by the court
Whether the conviction and sentence under Section 306 IPC should be set aside upon appeal.
Whether the appellant should be acquitted and released from custody.
2 provisions across 2 enactments
Manikandan
State represented by Inspector of Police
Dr.Justice P.DEVADASS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
