Madras HC passes strictures against sessions Judge

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The Madras High Court Bench here has passed strictures against a sessions judge describing his conduct as “reckless” for awarding 10 years of imprisonment in a murder case for which minimum punishment should be life sentence and also for disregarding its order seeking an explanation.

A bench, comprising Justice A.Selvam and Justice T Mathivanan, said fourth Additional District and Sessions judge here N Venkatavaradan did not respond to a judicial order passed on February 26 last seeking his explanation for imposing a lesser sentence than what was prescribed by law.

The court, allowing an appeal, modified the sentence to life imprisonment.

?The trial judge has not cared to give proper respect to the order passed by this Bench? and therefore this court has no other option, except to pass reproof and denounce the approach made by the trial judge as well as his reckless conduct,” the bench said.

Since strictures had been made against the trial judge, a copy of this judgement was ordered to be sent to the Registrar General for placing before the Chief Justice for keeping it in the personal file of the judicial officer.

The case related to the murder of a businessman P Ilayaraja here on July 1, 2008 due to professional rivalry.

Police had filed a charge sheet against six persons and after the trial, the Sessions Judge on September 10, 2014 had acquitted two of the accused and convicted the rest under Section 302 (murder) of Indian Penal Code.

But he imposed life sentence on two of the convicts and 10 years of imprisonment on the other two.

The victim’s brother, P. Senthil, filed the appeal in the high court, seeking enhancement of the sentence.

The judges allowed the appeal and modified the sentence to life imprisonment.

 

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