Vijarajan v. State Rep by
Case brief
What is this about?
Criminal Appeal filed against conviction for assault and attempt to murder. High Court modified the sentence to match jail time served and increased the fine to Rs.40,000.
What did the court decide?
Sentence of 2 years R.I. modified to already undergone period; fine enhanced to Rs. 40,000.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Criminal Appeal No.442 of 2008
Vijarajan S/o.Selvaraj
State represented by Inspector of Police, Sathiyathoppu Police Station, Cuddalore District. Crime No.60 of 2007 .. Respondent
Criminal Appeal preferred under Section 374(2) of Cr.P.C against the judgment of learned Sessions Judge, Mahila Court, Cuddalore, passed in S.C.No.50 of 2008 on 10.06.2008.
For Appellant : Mr.T.Sundaresan For Respondent : Mr.V.Arul, Additional Public Prosecutor
This appeal arises against the judgment of learned Sessions Judge, Mahila Court, Cuddalore, passed in S.C.No.50 of 2008 on 10.06.2008.
- Prosecution case is that PW-1 is running a chit business and accused borrowed sums of Rs.50,000/- and Rs.60,000/- on two occasions. Having borrowed sums, accused repaid only a sum of Rs.20,000/- and defaulted in balance payment. When PW-1 demanded return of money, accused abused her using filthy language and on 22.04.2007 at about 10.00 p.m., accused took a grinding stone and assaulted PW-1, owing to which PW-1 sustained grievous injuries. On 25.04.2007, PW-6, Head Constable, Seithyathoppu Police Station, on information received from Government Hospital, Chidambaram, went to hospital, examined PW-1, who was taking treatment as an in-patient, recorded her statement and
Issues for consideration
3 issues framed by the court
Whether the trial court erred in convicting the appellant for Section 326 IPC instead of Section 307 IPC given the nature of injuries.
Whether the sentence of two years rigorous imprisonment imposed by the trial court requires modification due to the appellant having already undergone incarceration.
Whether the fine imposed on the appellant requires enhancement.
Parties & counsel
- appellant
Vijarajan S/o. Selvaraj
- respondent
State
Coram
C.T. Selvam
Case details
As recorded by the court registry
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