K PANDURANGAN Vs. S S R VELUSAMY

JUDGEMENT

(1.) In these appeals, the appellants were charged for offences punishable under S. 420, 477(a), 468, 420 read with S. 109, 409 read with 109 and 468 read with 109, IPC. The trial Court, namely, the VIth Additional Assistant Sssions Judge, Thiruchirapalli, convicted the appellants under various sections, among them, for offences punishable under S. 420 and S. 420 read with 109, I.P.C. It awarded a maximum sentence of 5 years R.I.

(2.) On an appeal filed by the convicted accused, the appellate Court confirmed the conviction recorded by the trial Court but reduced the sentence to 2 1/2 years each and further acting purportedly under various GOs. of the Government, it granted remission of the said sentence of 2 1/2 years also.

(3.) In a revision filed by the complainant, the High Court of Judicature at Madras considering the question of jurisdiction of the Court to remit the sentence under the various G. Os. came to the conclusion that such a remission could not have been granted by the Court, hence, allowed the revision. It also came to the conclusion that there is no need to remit the matter back to the lower appellate Court, accordingly, set aside the impugned judgment of the lower appellate Court and restored the judgment of the trial Court both in regard to conviction and sentence. The effect of the said judgment was that the appellants have to undergo the sentence of 5 years awarded by the trial Court.