P.Madhu vs State By The Inspector Of Police
2022 Latest Caselaw 14260 Mad

Citation : 2022 Latest Caselaw 14260 Mad
Judgement Date : 10 August, 2022

Madras High Court

P.Madhu vs State By The Inspector Of Police on 10 August, 2022

                                                                                   Crl.A.No.91 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 10.08.2022

                                                            CORAM :

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                   Crl.A.No.91 of 2022


                     P.Madhu                                              ..    Appellant

                                                              Vs

                     State by the Inspector of Police
                     Kannankurichi Police Station
                     Salem City.
                     (Crime No.378 of 2017)                               ..    Respondent


                     Prayer in Crl.A.No.428 of 2019: Criminal Appeal is filed under Section

                     374(2) of the Code of Criminal Procedure to set aside the conviction and

                     sentence passed in S.C.No.191 of 2018 by the learned Sessions Judge,

                     Mahila Court, Salem by the judgment dated 23.02.2021.


                                  For Appellant         :      Mr.B.Vasudevan

                                  For Respondent        :      Mr.S.Vinoth Kumar
                                                               Government Advocate (Crl. Side)




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                                                                                     Crl.A.No.91 of 2022

                                                         ORDER

This appeal is filed aggrieved by the judgment of the learned

Sessions Judge, Mahila Court, Salem dated 23.02.2021 in S.C.No.191 of

2018, in and by which the petitioner was found guilty for the offence

under Section 341 of the Indian Penal Code and was sentenced to undergo

one month simple imprisonment, the guilty of the offence under Section

307 of the Indian Penal Code and sentenced to undergo three years

rigorous imprisonment and to pay a fine of Rs.5,000/- and in default of

payment of fine, to undergo five months simple imprisonment.

2. When the matter came up for hearing today, learned counsel for

the appellant, by producing the memorandum of compromise between

P.W.1 / Rani / defacto complainant wife, and the appellant / husband

would submit that it is a family conflict and both the parties have settled

the issue among themselves and are living together as husband and wife.

Therefore, she would request this Court to consider the question of

sentence accordingly.

3. Learned Government Advocate (Crl. Side) would submit that the

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Crl.A.No.91 of 2022

petitioner so far has undergone incarceration for a period of one year and

has also paid the fine amount. In view thereof, since both parties are

present before this Court and P.W.1 / Rani also has no objection to

consider the question of sentence and the parties having compromised the

issue and living together as husband and wife, I am inclined to modify the

sentence as the period already undergone.

4. In that view of the matter, the revision is partly allowed on the

following terms:

(i) The conviction of the appellant for the offences under

Sections 341 and 307 of the Indian Penal Code, is

upheld;

(ii) The substantial sentence of imprisonment is modified

into one as period already undergone by the appellant.

The fine amount shall remain the same.