V.Parameswari vs State Represented By
2021 Latest Caselaw 14080 Mad

                                                                                Crl.M.P.No.5393 of 2021
                                                                           in Crl.A.No.SR13030 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 14.07.2021

                                                       Coram

                                       The Honourable Mr. Justice P.N.PRAKASH
                                                          and
                                      The Honourable Mr. Justice R.PONGIAPPAN

                                                Crl.M.P.No.5393 of 2021
                                             in Crl.A.No.SR13030 of 2021

                     V.Parameswari                                   ..      Petitioner

                                                        Vs.
                     1.State represented by
                       The Inspector of Police,
                       Thalaivasal Police Station,
                       Salem District.
                       (Crime No.445 of 2015)

                     2.K.Malligeswari

                     3.K.Senthil Kumar

                     4.Sathiyavani

                     5.Yuvaraj

                     6.Manickkam

                     7.Thangam

                     8.M.Gomathi                                             ..      Respondent

                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                 Crl.M.P.No.5393 of 2021
                                                                            in Crl.A.No.SR13030 of 2021

                     Prayer in Crl.M.P.No.5393 of 2021: Criminal Miscellaneous Petition filed
                     under Section 5 of the Limitation Act, to condone the delay of 551 days in
                     preferring the criminal appeal against the judgment and order dated
                     13.07.2018 passed in S.C.No.267 of 2016 on the file of the III Additional
                     Sessions Court, Salem.
                     Prayer in Crl.A.No.SR13030 of 2021: Criminal Appeal filed under Section
                     372 Cr.P.C. to call for the records pertaining to the judgment and order
                     dated 13.07.2018 passed in S.C.No.267 of 2016 on the file of the III
                     Additional Sessions Court, Salem and to enhance the punishment imposed
                     on all the accused for the offence under Section 302 IPC from life sentence
                     to death sentence and also to convict the accused 1, 4 and 5 under Section
                     352 IPC.
                                       For Petitioner     : Mr.P.Kannan Kumar
                                       For R1             : Mr.R.Muniyapparaj
                                                            Govt. Advocate (Crl.Side)


                                                         ORDER

[Order of the Court was made by P.N.PRAKASH, J.]

The petition in Crl.M.P.No.5393 of 2021 has been filed seeking to

condone the delay of 551 days in filing the appeal against the judgment and

order dated 13.07.2018 passed in S.C.No.267 of 2016 on the file of the III

Additional Sessions Court, Salem.

https://www.mhc.tn.gov.in/judis/ Crl.M.P.No.5393 of 2021 in Crl.A.No.SR13030 of 2021

2. It is seen that all the accused in this case have been convicted

of the offence under Section 302 IPC and sentenced to undergo

imprisonment for life. In the main appeal, the petitioner is seeking to

enhance the life imprisonment to death sentence.

3. Under such circumstances, we find no merit in this petition for

condonation of delay.

Hence, this criminal miscellaneous petition stands dismissed.

Consequently, the above criminal appeal is rejected at the SR stage itself.

(P.N.P.,J.) (R.P.A.,J.) 14.07.2021 nsd

To

1.The III Additional Sessions Judge, Salem.

2 The Inspector of Police, Thalaivasal Police Station, Salem District.

3.The Public Prosecutor, Madras High Court, Chennai – 600 104.

https://www.mhc.tn.gov.in/judis/ Crl.M.P.No.5393 of 2021 in Crl.A.No.SR13030 of 2021

P.N.PRAKASH,J.

and R.PONGIAPPAN,J.

nsd

Crl.M.P.No.5393 of 2021 in Crl.A.No.SR13030 of 2021

14.07.2021

https://www.mhc.tn.gov.in/judis/