Siraj @ Sirajudeen v. The State of Tamilnadu
Suspension of sentence – Section 430(1) BNSS
Case brief
What is this about?
Suspension of sentence refused; Section 430 (1) BNSS; CRL.MP(MD) No.1236 of 2025 in Crl.A(MD)No.124 of 2025; S.C.No.310 of 2017 judgment dated 04.09.2024 by I Additional District and Sessions Judge, Tirunelveli; petitioner/A1 Siraj @ Sirajudeen; parity plea with co-accused A3 whose suspension was granted in Crl.M.P.(MD)No.1926 of 2025 dated 18.08.2025 rejected; overt act distinction - A1 attacked deceased with sickle versus A3 with stick; eyewitness categorical deposition on specific overt act; no prima facie case; not a fit case; CMP dismissed; bail pending criminal appeal denied; appeal posted for final hearing in usual course; Crime No.193 of 2010 Manur Police Station Tirunelveli District; Madurai Bench of Madras High Court; bench G.K.ILANTHIRAIYAN J. (author) and R. POORNIMA J.; decided 05.12.2025.
What did the court decide?
Unlike A3, whose overt act was attacking the deceased with a stick (for whom suspension had been granted), the petitioner/A1 attacked the deceased with a sickle and the eyewitness categorically deposed to the specific overt act.