Petition for suspension of sentence and bail in a murder appeal allowed due to prima facie inconsistencies between the dying declaration and accident register, and prolonged custody. Sentence suspended on conditions.
Suspension of sentence on execution of bond with two sureties and weekly appearance before trial court.
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 05.03.2024
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
Kamaraj
.. Petitioner
Versus
State rep. by The Inspector of Police, Nannilam Police Station, Nannilam, Tiruvarur District. .. Respondent
Prayer:-Criminal Miscellaneous Petition filed under Section 374(2) Cr.P.C.,
to suspend the sentence imposed by the learned Principal District and Sessions Judge, Tiruvarur in S.C.No.24/2019 dated 05.02.2021 and enlarge the petitioner on bail.
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
For Petitioner : Mr.C.Samivel
For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind
ORDER
[Order of the Court was made by SUNDER MOHAN, J]
This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner vide judgement and order dated 05.02.2021 passed in S.C.No.24 of 2019 on the file of the learned Principal District and Sessions Judge, Tiruvarur and to enlarge the petitioner on bail pending disposal of the appeal.
2.The case of the prosecution is that the deceased and the petitioner are brothers; and that the petitioner and his wife were lying in the pathway when the deceased wanted to go to his house at around 1.15 a.m. on 30.05.2018, which resulted in a wordy quarrel and both of them assaulted each other. Thereafter, the petitioner allegedly poured kerosene over the deceased and set fire on him. Subsequently, the deceased was taken to the
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
hospital and he died on 05.06.2018 due to the burn injuries suffered by him.
3.Heard the learned counsel appearing for the petitioner and Mr.E. Raj Thilak, learned Additional Public Prosecutor, appearing for the respondent/Police.
4.Learned counsel for the petitioner submitted that the Ex.P1, the complaint lodged by the deceased and Ex.P11, the dying declaration given to the learned Magistrate are contrary to each other. That apart, the dying declaration only suggests that there was a sudden quarrel between the two
and there was no premeditation or motive for the petitioner to cause the death of the deceased. Further, Ex.P9, the accident register reveals that the deceased suffered burns due to self immolation under the influence of alcohol.
the deceased has given an explanation for the entires in the accident register
and had stated that it was the petitioner who said so before the doctor in the
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
complaint, Ex.P1. The 2 dying declarations namely Ex.P1 and Ex.P11 are consistent and corroborate each other and establish the prosecution case beyond reasonable doubt and prayed for dismissal of the petition.
6.We have carefully considered the rival submissions and perused the records.
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
custody since 05.02.2021, and the appeal is not likely to be taken up in the near future, we are inclined to grant the relief of suspension of sentence to the petitioner herein.
and the sentence of imprisonment is suspended and the sentence imposed on the petitioner is suspended on the following conditions:
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
(iii)The petitioner shall appear before the trial Court weekly twice i.e., on every Monday and Thursday at 10.30 a.m. until the disposal of the appeal, and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
[M.S.R.,J.] [S.M.,J.] 05.03.2024
Anu Issue order copy by 06.03.2024 Upload the order copy forthwith.
Internet: Yes
To
1.The Principal & District Judge, Tiruvarur
2.The Inspector of Police, Nannilam Police Station, Nannilam, Tiruvarur District.
3.The Superintendent of Prison, Central Prison, Trichy.
4.The Public Prosecutor, Madras High Court, Chennai – 600 104.
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Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
M.S.RAMESH, J and SUNDER MOHAN, J
Anu
Crl.MP.No.15429/2022 in Crl.A.No.1117/2022
05.03.2024
7
1 issue framed by the court
Whether the dying declarations and accident register create prima facie doubt regarding premeditation?
1 provisions across 1 enactments
Kamaraj
State rep. by The Inspector of Police, Nannilam Police Station, Nannilam, Tiruvarur District
M.S. Ramesh
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
