{"id":253496,"date":"2010-07-09T00:00:00","date_gmt":"2010-07-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/deivendran-vs-state-represented-by-on-9-july-2010"},"modified":"2018-03-25T18:50:43","modified_gmt":"2018-03-25T13:20:43","slug":"deivendran-vs-state-represented-by-on-9-july-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/deivendran-vs-state-represented-by-on-9-july-2010","title":{"rendered":"Deivendran vs State Represented By on 9 July, 2010"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">Deivendran vs State Represented By on 9 July, 2010<\/div>\n<pre id=\"pre_1\">       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\nDATED: 09\/07\/2010\n\nCORAM\nTHE HONOURABLE MR.JUSTICE M.CHOCKALINGAM\nAND\nTHE HONOURABLE MR.JUSTICE M.DURAISWAMY\n\nCriminal Appeal (MD) No.189 of 2009\nand\nCriminal Appeal (MD) No.322 of 2009\n\nDeivendran\t\t\t\t... Appellant in\n\t\t\t\t\t    Crl.A.No.189\/2009\n\n\nUrangapuli\t\t\t\t... Appellant in\n\t\t\t\t\t    Crl.A.No.322\/2009\n\nVs\n\nState represented by,\nThe Inspector of Police,\nOomachikulam Police Station,\nin Cr.No.584 of 2004,\t\t       ... Respondent in both<\/pre>\n<p id=\"p_1\">Madurai District.\t\t           the appeals<\/p>\n<p>Criminal Appeals filed under <a href=\"\/doc\/929532\/\" id=\"a_1\">Section 374(2)<\/a> of Cr.P.C. against the<br \/>\njudgment of the Additional District and Sessions Judge \/ Fast Track Court No.3,<br \/>\nMadurai in S.C. No.317 of 2007 dated 03.07.2009.\n<\/p>\n<p id=\"p_1\">!For Appellants\t&#8230; Mr.W.Peter Rameshkumar for<br \/>\n\t\t    appellant in Crl.A.No.\n<\/p>\n<p id=\"p_2\">\t\t    189 of 2009<\/p>\n<p> \t\t    Mr.R.Venkateswaran for<br \/>\n\t\t    appellant in Crl.A.No.\n<\/p>\n<p id=\"p_3\">\t\t    322 of 2009<\/p>\n<p>^For Respondent\t&#8230; Mr.Isaac Manuel,<br \/>\n\t\t    Addl. Public Prosecutor<\/p>\n<p>:COMMON JUDGMENT<\/p>\n<p>(Judgment of the Court was delivered by<br \/>\nM.CHOCKALINGAM, J.)<\/p>\n<p>\tThis judgment shall govern these two appeals, viz. Crl.A. (MD)No.189 of<br \/>\n2009 by the second accused and Crl.A.(MD) No.322 of 2009 by the first accused,<br \/>\nwho have stood, charged, tried and found guilty by the Additional District &amp;<br \/>\nSessions Judge, Fast Track Court No.3, Madurai in S.C. No.317 of 2007 under<br \/>\n<a href=\"\/doc\/1983271\/\" id=\"a_1\">Sections 302<\/a> r\/w 34 and 380 r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_2\">IPC<\/a> and both of them were awarded life<br \/>\nimprisonment under <a href=\"\/doc\/1983271\/\" id=\"a_3\">Section 302<\/a> r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_4\">IPC<\/a> and 5 years R.I. under <a href=\"\/doc\/839778\/\" id=\"a_5\">Section 380<\/a> r\/w<br \/>\n34 <a href=\"\/doc\/1569253\/\" id=\"a_6\">IPC<\/a>.\n<\/p>\n<p id=\"p_4\">\t2. The short facts that are necessary for the disposal of these appeals<br \/>\ncan be stated as follows:-\n<\/p>\n<p id=\"p_5\">\ta) P.W.1-Krishnaveni is the daughter-in-law of the deceased Ramasamy.  She<br \/>\nwas employed as a Lecturer in Madurai Kamaraj University. She was residing in<br \/>\nPlot No.7, Surya Nagar Extension, Madurai within the jurisdiction of the<br \/>\nrespondent-Police. P.W.2-Gurusamy is her husband. Both herself and her husband<br \/>\nused to leave the house by 8.00 a.m. leaving the deceased in the house alone.<br \/>\nShe used to return by about 2.00 p.m. everyday for  lunch. As usual, on<br \/>\n11.08.2004, both P.Ws.1 and 2 left the house in the morning hours and P.W.1<br \/>\nreturned at about 1.45 p.m. When she was just entering the house, she found both<br \/>\nthe accused persons coming out.  Immediately, she questioned them as to whether<br \/>\nthey came for any work, but without giving any answer to her, they jumped out of<br \/>\nthe house through the northern portion. When she entered the house, she found<br \/>\nthe dead body of her father-in-law and also found the Seiko watch gifted to her<br \/>\nhusband at the time of marriage and kept in the bureau, missing. Immediately,<br \/>\nshe informed the matter to P.W.2, who rushed over there.  Then, accompanied by<br \/>\nher husband, she went to the respondent-Police Station where P.W.7-Head<br \/>\nConstable received Ex.P1-Complaint from her. On the strength of Ex.P1, a case<br \/>\ncame to be registered under <a href=\"\/doc\/1560742\/\" id=\"a_7\">Section 302<\/a> of the Code, in Crime No.584 of 2004.<br \/>\nEx.P15-Express F.I.R. was despatched to the Court and the copies were sent to<br \/>\nthe higher-ups.\n<\/p>\n<p id=\"p_6\">\tb) P.W.19-Inspector of Police, on receipt of the copy of F.I.R., proceeded<br \/>\nto the spot, made inspection and prepared Ex.P2-Observation Mahazar and Ex.P16-<br \/>\nRough Sketch. Then, he conducted inquest over the body of the deceased in the<br \/>\npresence of witnesses and panchayatars and prepared Ex.P17-Inquest Report. He<br \/>\nrecovered M.O2-Pair of chappals which were found outside the house and M.O.3-<br \/>\nSand containing the impression of foot, from the place of occurrence under a<br \/>\ncover of Ex.P3-Seizure Mahazar, and sent the dead body to the Madurai Medical<br \/>\nCollege Hospital, Madurai for conducting autopsy.\n<\/p>\n<p id=\"p_7\">\tc) The dead body of the deceased was subjected to autopsy by P.W.18-<br \/>\nDoctor, attached to the Madurai Medical College Hospital, Madurai and he issued<br \/>\nEx.P12-Post Mortem Certificate, wherein he opined that the deceased would appear<br \/>\nto have died of Asphyxia due to smothering associated with compression of neck<br \/>\n18 to 24 hours prior to autopsy. Thereafter, material objects were recovered<br \/>\nfrom the dead body of the deceased.\n<\/p>\n<p id=\"p_8\">\td) Pending the investigation, the Investigator arrested both the accused<br \/>\non 12.08.2004 at Varichur Bus Stand. The first accused gave a confessional<br \/>\nstatement voluntarily and the same was recorded in the presence of witnesses.<br \/>\nThe admissible portion of the confessional statement of the first accused is<br \/>\nmarked as Ex.P18. On the basis of the confessional statement, M.O.1-Watch was<br \/>\nrecovered under a cover of Ex.P5-Seizure Mahazar.\n<\/p>\n<p id=\"p_9\">\te) P.W.12-Scientific Assistant of the Forensic Science Department,<br \/>\ninspected the place of occurrence and took out a print of the right foot using<br \/>\nplaster of paris. Thereafter, she took out a print of the right foot of both the<br \/>\naccused in the laboratory and instructed the police to send the foot print taken<br \/>\nat the place of occurrence and the foot print taken in the Forensic Lab to the<br \/>\nForensic Science Department at Chennai, for comparison and get a report. A<br \/>\nsniffer dog was also brought. Thereafter, the investigator also recovered M.O.4-<br \/>\nplaster impression of right leg and M.O.5-red soil which was taken by P.W.12-<br \/>\nScientific Assistant, under a cover of Ex.P4-Seizure Mahazar. Then, he sent both<br \/>\nthe accused for judicial remand.\n<\/p>\n<p id=\"p_10\">\tf) Thereafter, the investigator sent all the material objects to the<br \/>\nForensic Lab for conducting chemical examination. He also sent a requisition to<br \/>\nthe Judicial Magistrate No.3, Madurai for the purpose of conducting<br \/>\nIdentification Parade, under Ex.P7. The Judicial Magistrate No.3, Madurai<br \/>\nconducted Identification Parade where P.W.1 identified both the accused.  The<br \/>\nIdentification Parade Report is marked as Ex.P9.\n<\/p>\n<p id=\"p_11\">\tg) Pursuant to the requisition given by the investigator for conducting<br \/>\nchemical examination, two reports were received. One is Ex.P10-Chemical<br \/>\nAnalyst&#8217;s Report and Ex.P20-Serologist&#8217;s Report.\n<\/p>\n<p id=\"p_12\">\th) P.W.19-Inspector of Police, on completion of the investigation, filed<br \/>\nthe final report on 30.12.2004 under <a href=\"\/doc\/1897847\/\" id=\"a_8\">Sections 120-B<\/a>, <a href=\"\/doc\/1068394\/\" id=\"a_9\">393<\/a> and <a href=\"\/doc\/1560742\/\" id=\"a_10\">302<\/a> IPC against the<br \/>\naccused  before the concerned court, which in turn committed the case to the<br \/>\nCourt of sessions and necessary charges were framed.\n<\/p>\n<p id=\"p_13\">\ti) In order to substantiate the charges, at the time of trial, the<br \/>\nprosecution examined 19 witnesses and relied on 20 exhibits and 8 material<br \/>\nobjects. On the side of the defence, Ex.D1 was marked through P.W.7 and Ex.D2<br \/>\nwas marked through P.W.19. On completion of the evidence adduced on the side of<br \/>\nthe prosecution, the accused were questioned under <a href=\"\/doc\/767287\/\" id=\"a_11\">Section 313<\/a> of Cr.P.C. as to<br \/>\nthe incriminating circumstances found in the evidence of prosecution witnesses.<br \/>\nThey denied them as false. No defence witness was examined. After hearing the<br \/>\narguments of the counsel and looking into the available materials, the Trial<br \/>\nCourt took the view that the prosecution has proved the case beyond reasonable<br \/>\ndoubt, and awarded the punishment as referred to above. Hence, these Criminal<br \/>\nAppeals at the instance of the accused \/ appellants.\n<\/p>\n<p id=\"p_14\">\t3. Advancing arguments on behalf of the accused \/ appellants, the learned<br \/>\ncounsel, inter alia, have submitted that the prosecution came up with a story<br \/>\nthat the occurrence has taken place on 11.08.2004 between 12.00 and 1.30 p.m.,<br \/>\nin which the deceased, aged about 84, was killed by the accused, for which the<br \/>\nprosecution had no direct evidence to offer. The learned counsel further added<br \/>\nthat the only evidence available for the prosecution was that of P.W.1.\n<\/p>\n<p id=\"p_15\">\t4. Learned counsel for both the accused, have further added that in Ex.P1,<br \/>\nP.W.1, the Lecturer attached to the Madurai Kamaraj University, even though<br \/>\noriginally has stated that she used to go to the college in the morning hours<br \/>\nand return to the house to take lunch at about 2.00 p.m., she categorically<br \/>\ndeposed at the time of cross-examination that she was attached to the Evening<br \/>\nCollege. Therefore, according to the learned counsel, there was no need for her<br \/>\nto go to the college in the morning hours and to return back to the house to<br \/>\ntake lunch in the afternoon. Also, according to Ex.P1, she came to the house at<br \/>\n2.00 p.m., but she categorically deposed in her evidence that she came back at<br \/>\nabout 1.45 p.m. and at that time she saw both the accused.  Hence, according to<br \/>\nthe learned counsel, P.W.1 could not have seen the accused at all.\n<\/p>\n<p id=\"p_16\">\t5. Added further the learned counsel for both the accused, in the instant<br \/>\ncase, that according to P.W.1, the first accused was actually working in her<br \/>\nhouse as mason at the time of construction of the compound wall and therefore,<br \/>\nshe would have very well knew the accused and under the circumstances, there was<br \/>\nno need for conducting any Identification Parade, but the same was conducted,<br \/>\nwhich creates a doubt in the prosecution case.\n<\/p>\n<p id=\"p_17\">\t6. Learned counsel for both the accused, would further add that a perusal<br \/>\nof Ex.P1 would clearly indicate that there is no description given as to the<br \/>\nidentity of the accused persons, as it has been simply stated in Ex.P1 that two<br \/>\npersons aged about 25, were found coming out of the house, and what was all<br \/>\nstolen even according to the prosecution, was only a 15-year old seiko watch-<br \/>\nM.O.1. The counsel have further submitted that even according to P.W.1, the<br \/>\nbureau was kept opened and she used to keep the bureau in open condition.<br \/>\nTherefore, all these would go to show that the accused could not have been seen<br \/>\nby P.W.1. and the so-called confessional statement recorded from the first<br \/>\naccused, pursuant to which material objects were recovered, was a false document<br \/>\nand it was created only to suit the case of the prosecution.\n<\/p>\n<p id=\"p_18\">\t7. Learned counsel for the second accused \/ appellant in Crl.A.(MD)No.189<br \/>\nof 2009 would submit that insofar as A2 is concerned, he was actually sitting<br \/>\nand he had no link with the other accused and also he had no intention to share<br \/>\nwith the other accused, to commit the offence of murder or to steal anything. In<br \/>\nsuch circumstance, according to the counsel for the second accused, the evidence<br \/>\nput forth on the side of the prosecution, certainly is unbelievable and<br \/>\ntherefore, it would be highly unsafe to sustain a conviction and the sentences<br \/>\nimposed on him.\n<\/p>\n<p id=\"p_19\">\t8. Learned counsel for the first accused \/ appellant in Crl.A.(MD)No.322<br \/>\nof 2009 would submit that the date of birth of the first accused is 24.08.1986,<br \/>\nand therefore, the first accused had not completed the age of 18 years at the<br \/>\ntime of occurrence, i.e. on 11.08.2004 and hence it is a fit case where the case<br \/>\nshould have been split up and it should have been placed before the Juvenile<br \/>\nJustice Board for conduct of the trial, since he was a juvenile at the time of<br \/>\noccurrence, but the same was not done. In such circumstance, the learned counsel<br \/>\nwould submit, that even when the conviction is sustained, the sentences have to<br \/>\nbe set aside, and this has to be considered by the Court. He also relied on a<br \/>\ndecision of Chhattisgarh High Court, in the case of <a href=\"\/doc\/116747999\/\" id=\"a_12\">Kachharu @ Sushil v. State<br \/>\nof Chhattisgarh<\/a>, reported in 2010(1) Crimes 352, in support of his contention.\n<\/p>\n<p id=\"p_20\">\t9. The Court heard the learned Additional Public Prosecutor on the above<br \/>\ncontentions and paid its anxious consideration on the submissions made and also<br \/>\nscrutinised the materials available.\n<\/p>\n<p id=\"p_21\">\t10. It is not in controversy that one Ramasamy, aged 84 years, the father-<br \/>\nin-law of P.W.1 and the father of P.W.2, was done to death in an incident which<br \/>\nhad taken place in the house of P.W.1 between 12.00 and 1.30 p.m. on 11.08.2004.<br \/>\nFollowing the inquest made by the Investigating Officer and preparation of<br \/>\nEx.P17-Inquest Report, the dead body of the deceased was sent for the purpose of<br \/>\nautopsy.  The dead body was subjected to autopsy by P.W.18-Doctor, attached to<br \/>\nthe Madurai Medical College Hospital, Madurai and he issued Ex.P12-Post Mortem<br \/>\nCertificate, wherein he opined that the deceased would appear to have died of<br \/>\nAsphyxia due to smothering associated with compression of neck 18 to 24 hours<br \/>\nprior to autopsy. Further, he has also been examined before the Court as P.W.18,<br \/>\nand Ex.P12-Post Mortem Certificate also reveals that the deceased died of<br \/>\nhomicidal violence. These facts were not disputed by the accused \/ appellants<br \/>\nbefore the Trial Court and hence, the Trial Court had no legal impediment in<br \/>\nrecording so.\n<\/p>\n<p id=\"p_22\">\t11. In order to substantiate that the accused persons got entry into the<br \/>\nhouse and committed murder for gain, the prosecution had no direct evidence. It<br \/>\nrelied only on the evidence of P.W.1. P.W.1 is a part-time Lecturer attached to<br \/>\nthe Madurai Kamaraj University. She used to leave the house by 8&#8217;O clock in the<br \/>\nmorning and her husband also used to leave in the morning hours and all of them<br \/>\nused to leave the house, leaving the deceased alone in the house. On the date of<br \/>\noccurrence, according to P.W.1, she left for the college and returned by 1.45<br \/>\np.m. as usual for taking lunch and when she was just entering the house, she saw<br \/>\nboth the accused coming out and immediately, she also asked both of them,<br \/>\nwhether they came for any work.  Now, at this juncture, it is pertinent to point<br \/>\nout that it is an admitted position that A1 was actually employed in the house<br \/>\nas a mason, one month prior to the occurrence.  In that circumstance, in the<br \/>\ninstant case, it is quite natural  for her to ask those persons as to whether<br \/>\nthey came for any work, but without giving any answer, they left the place.<br \/>\nImmediately, entertaining suspicion, she entered the house and found the dead<br \/>\nbody of her father-in-law and she also found a seiko watch stolen. Thereafter<br \/>\nshe informed the matter to P.W.2, who came to the house and both of them went to<br \/>\nthe respondent-Police Station and gave Ex.P1-Complaint. On the strength of<br \/>\nEx.P1, a case came to be registered within a short span of time.  At this<br \/>\njuncture, it is pertinent to point that, it is true that the prosecution had<br \/>\nonly the evidence of P.W.1. According to P.W.1, she found both of them going out<br \/>\nof the house; A1 was already working in the house construction and A2 was a new<br \/>\nperson. The situation warranted for the conduct of an Identification Parade in<br \/>\nthe instant case and it was also conducted by the Judicial Magistrate No.3,<br \/>\nMadurai and the Identification Parade Report has also been marked as Ex.P9 and<br \/>\nno infirmities or illegalities are found in Ex.P9. Even though the learned<br \/>\ncounsel for both the accused \/ appellants, have brought to the notice of this<br \/>\nCourt certain discrepancies that when P.W.1 was able to identify all the accused<br \/>\npersons within a reasonable time from the time of occurrence, no separate<br \/>\nidentification of the accused persons was necessary by way of Identification<br \/>\nParade, this Court is of the considered opinion that such Parade conducted by<br \/>\nthe prosecution would only further support the prosecution case.\n<\/p>\n<p id=\"p_23\">\t12. The added circumstances are the recovery of material objects and the<br \/>\nconfessional statement given by A1 to the Investigator in the presence of<br \/>\nwitnesses, which would only point out the nexus of the accused with the crime in<br \/>\nquestion. It is also pertinent to point out that in the confessional statement<br \/>\nmarked as Ex.P18, A1 has categorically spoken about A2.\n<\/p>\n<p id=\"p_24\">\t13. In the instant case, the contention put forth by the learned counsel<br \/>\nfor the second accused that the second accused was only just standing and he had<br \/>\nnothing to do with the offence, cannot be countenanced, because A1 was actually<br \/>\nworking as mason in the construction of the house and he had an idea that 84-<br \/>\nyear old man used to stay in the house alone and he sought the help of another<br \/>\nperson and both of them have got into the house, which would be clearly<br \/>\nindicative of the common intention shared by them for committing the crime of<br \/>\nmurder. The common intention shared by both the accused has been properly<br \/>\nestablished through the evidence adduced on the side of the prosecution in the<br \/>\nmanner known to law.\n<\/p>\n<p id=\"p_25\">\t14. The above reasons, in the considered opinion of this Court, would<br \/>\nsuffice to sustain the conviction and thus, the prosecution had sufficient<br \/>\nevidence in finding the accused \/ appellants, guilty under <a href=\"\/doc\/1560742\/\" id=\"a_13\">Sections 302<\/a> r\/w 34<br \/>\nand 380 r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_14\">IPC<\/a>. Insofar as the judgment of the Trial Court, convicting both<br \/>\nthe accused under <a href=\"\/doc\/1560742\/\" id=\"a_15\">Sections 302<\/a> r\/w 34 and 380 r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_16\">IPC<\/a> are concerned, nothing<br \/>\nis available to disturb the same.\n<\/p>\n<p id=\"p_26\">\t15. Therefore, insofar as Crl.A.(MD)No.189 of 2009 is concerned, this<br \/>\nCourt is of the considered opinion that the conviction and sentences imposed on<br \/>\nthe second accused \/ appellant, under <a href=\"\/doc\/1560742\/\" id=\"a_17\">Sections 302<\/a> r\/w 34 and 380 r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_18\">IPC<\/a><br \/>\nhave got to be sustained.  Accordingly, the conviction and sentences imposed on<br \/>\nthe second accused \/ appellant, are confirmed.\n<\/p>\n<p id=\"p_27\">\t16. Regarding the first accused \/ appellant in Crl.A(MD) No.322 of 2009,<br \/>\nas stated earlier, it is brought to the notice of this Court by the learned<br \/>\ncounsel for the first accused, that the date of birth of the first accused is<br \/>\n24.08.1986 and the occurrence took place on 11.08.2004, and thus on the date of<br \/>\noccurrence, the first accused was a juvenile and hence the sentences imposed on<br \/>\nhim have to be set aside.  A memo verifying and confirming the date of birth of<br \/>\nthe first accused as 24.08.1986 has also been filed by the learned Additional<br \/>\nPublic Prosecutor, to that effect. The decision of Chhattisgarh High Court, in<br \/>\nthe case of <a href=\"\/doc\/116747999\/\" id=\"a_19\">Kachharu @ Sushil v. State of Chhattisgarh<\/a>, reported in 2010(1)<br \/>\nCrimes 352, which has been relied on by the learned counsel for the first<br \/>\naccused, in the considered opinion of this Court, is squarely applicable to the<br \/>\nfacts and circumstances of the present case. Paragraphs 13 to 18 of the above<br \/>\njudgment reads as under:-\n<\/p>\n<p id=\"p_28\">\t&#8220;13. We have already observed in the foregoing paragraphs that the<br \/>\nappellant was juvenile on the date and time of the incident as is established<br \/>\nfrom the report of the trial Court on the basis of enquiry conducted under<br \/>\nSection 7A of the Act, 2000. Conviction of the appellant under <a href=\"\/doc\/1560742\/\" id=\"a_20\">Section 302<\/a> of<br \/>\nIPC by the learned Addl.Sessions Judge has not been challenged and challenge is<br \/>\nonly to the sentence part, whereby a juvenile has been sentenced to undergo life<br \/>\nimprisonment.\n<\/p>\n<p id=\"p_29\">\t14. In the matter of Jayendra, the Hon&#8217;ble Supreme Court was seized of the<br \/>\nmatter where a juvenile was sentenced to life imprisonment for the offence<br \/>\ncommitted by him during his childhood. Considering the fact that the offence was<br \/>\ncommitted while the appellant was child and that he had attained the age of 23<br \/>\nyears when the appeal was decided, the Hon&#8217;ble Supreme Court while upholding his<br \/>\nconviction, quashed the sentence imposed upon him and directed his release<br \/>\nforthwith.\n<\/p>\n<p id=\"p_30\">\t15. In the case of Bhola Bhagat, the Hon&#8217;ble Supreme Court relying upon<br \/>\nthe decision of three Judges Bench of the Supreme Court in the matter of <a href=\"\/doc\/647057\/\" id=\"a_21\">Pradeep<br \/>\nKumar v. State of U.P<\/a>., held that since on the date of occurrence, the<br \/>\nappellants had not completed 16 years of age, they should have been dealt with<br \/>\nunder the U.P. Children Act instead of being sentenced to imprisonment on<br \/>\nconviction under Section 302\/34 of the Act. However, considering that the<br \/>\nappellants were more than 30 years at the time of delivery of judgment, the<br \/>\nHon&#8217;ble Supreme Court while sustaining conviction of the appellants under all<br \/>\nthe charges framed against them, quashed the sentences awarded to them and<br \/>\ndirected their release forthwith.\n<\/p>\n<p id=\"p_31\">\t16. In Babban Rai also, the appellants were convicted for murder and<br \/>\nsentenced to life imprisonment. Age of the accused persons on the date of<br \/>\noccurrence was found to be below 16 years, they were held entitled to protection<br \/>\nof 2000 Act and in these circumstances, the Hon&#8217;ble Supreme Court upheld the<br \/>\norder passed by the High Court whereby conviction of the appellants by the trial<br \/>\nCourt was upheld and sentence imposed on them was set aside. It has been held in<br \/>\npara 5 thus:\n<\/p>\n<p id=\"p_32\">&#8220;So for as convictions of these two appellants, as confirmed by the High Court,<br \/>\nare concerned, learned counsel appearing on behalf of the appellants is not in a<br \/>\nposition to point out any error in the order of the High Court whereby<br \/>\nconvictions of the appellants have been confirmed. Having gone through the<br \/>\nimpugned judgment and the records, we also do not find any ground to hold that<br \/>\nthe High Court was not justified in upholding the convictions of the appellants.<br \/>\nThis being the position, we are of the view that the High Court has not<br \/>\ncommitted any error in upholding convictions of the appellants. Now, the<br \/>\nquestion arises in relation to sentences. In view of our aforesaid finding that<br \/>\nthese two appellants were juvenile on the date of alleged occurrence and they<br \/>\nhave now attained majority, it would be just and expedient to set aside their<br \/>\nsentences and pass an order of releasing them as they cannot be sent to remand<br \/>\nhome.&#8221;\n<\/p>\n<p id=\"p_33\">\t17. In the present appeal also, the appellant has been convicted under<br \/>\n<a href=\"\/doc\/1560742\/\" id=\"a_22\">Section 302<\/a> of the IPC and sentenced to undergo life imprisonment and fine of<br \/>\nRs.1,000. On enquiry, we find that age of the appellant was less than 18 years<br \/>\nand as such, he was also entitled to be dealt with in accordance with the Act of<br \/>\n2000.  The date of birth of the appellant has been determined as 14.9.1983 and<br \/>\nas such, he has now completed almost 26 years. In these circumstances, following<br \/>\nthe principles of law laid down in the above cited judgments, we, while<br \/>\nupholding the conviction of the appellant under <a href=\"\/doc\/1560742\/\" id=\"a_23\">Section 302<\/a> of IPC, set aside<br \/>\nthe sentence imposed on him by the learned Addl.Sessions Judge.\n<\/p>\n<p id=\"p_34\">\t18. In the result, the appeal is partly allowed. Conviction of the<br \/>\nappellant under <a href=\"\/doc\/1560742\/\" id=\"a_24\">Section 302<\/a> of IPC is upheld, however, sentence of life<br \/>\nimprisonment and fine of Rs.1,000 imposed on him is set aside. The appellant be<br \/>\nset at liberty forthwith, if not required in any other case.&#8221;\n<\/p>\n<p id=\"p_35\">\t17. Therefore, insofar as Crl.A(MD)No.322 of 2009 is concerned, while<br \/>\nsustaining the conviction of the first accused \/ appellant, under <a href=\"\/doc\/1560742\/\" id=\"a_25\">Sections 302<\/a><br \/>\nr\/w 34 and 380 r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_26\">IPC<\/a>, the sentences of life imprisonment imposed under<br \/>\n<a href=\"\/doc\/1560742\/\" id=\"a_27\">Section 302<\/a> r\/w 34 and five years Rigorous Imprisonment imposed under <a href=\"\/doc\/839778\/\" id=\"a_28\">Section<br \/>\n380<\/a> r\/w 34 <a href=\"\/doc\/1569253\/\" id=\"a_29\">IPC<\/a> are set aside. The first accused \/ appellant in Crl.A.(MD)No.322<br \/>\nof 2009 is directed to be set at liberty forthwith, unless his presence is<br \/>\nrequired in connection with any other case.\n<\/p>\n<p id=\"p_36\">\t18. In the result, Crl.A.(MD)No.189 of 2009 is dismissed and<br \/>\nCrl.A.(MD)No.322 of 2009 is accordingly, disposed of. Consequently, M.P.(MD)No.1<br \/>\nof 2010 in Crl.A.(MD)No.322 of 2009 is closed.\n<\/p>\n<p id=\"p_37\">KM<\/p>\n<p>To<\/p>\n<p id=\"p_38\">1.The Additional District and Sessions Judge,<br \/>\n  Fast Track Court No.3,<br \/>\n  Madurai.\n<\/p>\n<p id=\"p_39\">2.The Inspector of Police,<br \/>\n  Oomachikulam Police Station,<br \/>\n  Madurai District.\n<\/p>\n<p id=\"p_40\">3.The Additional Public Prosecutor,<br \/>\n  Madurai Bench of Madras High Court,<br \/>\n  Madurai.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court Deivendran vs State Represented By on 9 July, 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09\/07\/2010 CORAM THE HONOURABLE MR.JUSTICE M.CHOCKALINGAM AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY Criminal Appeal (MD) No.189 of 2009 and Criminal Appeal (MD) No.322 of 2009 Deivendran &#8230; Appellant in Crl.A.No.189\/2009 Urangapuli &#8230; Appellant in Crl.A.No.322\/2009 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-253496","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Deivendran vs State Represented By on 9 July, 2010 - Free Judgements of Supreme Court &amp; 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