Dhandapani Vs State Of Tamilnadu Rep By Inspector Of Police, Palani Taluk

To suspend the substantive sentence of imprisonment rendered on 27.11.2023 passed by the learned Additional District and Sessions Judge, Palani in SC.No.78/2020 pending disposal of appeal and thus render justice

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ORDER

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(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.)

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This petition has been filed to suspend the substantive sentence of imprisonment rendered on 27.11.2023 passed by the learned Additional District and Sessions Judge, Palani in SC.No.78/2020 pending disposal of appeal.

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The case of the prosecution is that the deceased Ramasamy had developed illicit relationship with the wife of the accused person and therefore, there was previous enmity between the parties and that on the date of the occurrence, on 24.03.2019 at about 09.30 a.m.,, the accused person is said to have attacked the deceased with billhook after a wordy quarrel and as a result, the deceased succumbed to the injuries. The same resulted in FIR registered in Crime No.82 of 2019 for the offence under Sections 341, 302 and 506(ii) of IPC.

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The trial Court, after considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the prosecution has proved the case beyond reasonable doubts and accordingly, convicted and sentenced the accused person in the following manner:

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Offence	Sentence	Fine
Section 341 of IPC	-	Rs.300/- in default to undergo simple imprisonment for two weeks
Section 302 of IPC	Life Imprisonment	Rs.10,000/- in default to undergo one year simple imprisonment

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The above sentences were ordered to run concurrently.

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Heard the learned counsel on either side.

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The learned Senior Counsel appearing on behalf of the petitioner

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apart from pointing out to certain discrepancies in the evidence also brought to our notice the fact that even if the case of the prosecution is

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taken as it is, the present case will come within the scope of Exception-1 of Section 300 of IPC.

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The learned Additional Public Prosecutor submitted that the trial Court has convicted and sentenced the accused person based on the eyewitness account. The learned Additional Public Prosecutor further submitted that there are no previous cases against the convict.

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Taking into consideration the facts and circumstances of the case and considering the circumstances under which the murder had taken place and taking note of the fact that the petitioner is undergoing incarceration from November 2023 onwards and there are no previous cases against the petitioner and it will take some more time to this Court to deal with the appeal on merits, this Court is inclined to suspend the sentence imposed on the petitioner and accordingly, the Criminal Miscellaneous Petition is allowed, subject to the following conditions:

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i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the

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learned Additional District and Sessions Judge, Palani.

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ii. The sureties shall affix their photographs and Left Thumb

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Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.

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iii. The petitioner shall appear and sign before the trial Court