The Madras High Court has set aside the 10-year rigorous imprisonment awarded to two men by a trial court over an armed clash in 2010 but fined them Rs 25,000 each for wasting the time of both courts by going for a compromise with the rival group after the lower court decided the case and then moving HC.
Justice S Vimala directed the duo to pay the money to an orphanage while saying they had wasted the time of the courts.
The question of which orphanage would be decided later, she said.
The judge said the two had been swayed by emotions and indulged in a violent attack. The lower court had not taken this aspect into account.
Justice Vimala said a careful analysis showed that the charge of attempt to murder against the duo (Section 307 of IPC) had not been made out at all.
She said the injuries sustained on their right hand and elbow was certainly not a case to be booked under Section 307.
The Judge then set aside the conviction and 10 year rigorous imprisonment imposed on them by the trial court.
Gopi and Veerakumar had challenged their sentence.
A group led by the duo of Pattukottai in Thanjavur district and another group led by their relatives were involved in a clash on May 13 2010. However, they later entered into a compromise.
A case was later registered against the duo under IPC Sec 307 (attempt to murder) and 342 (wrongful confinement).
( Source – PTI )
