MUTHUPANDI Vs. STATE

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal calls in question the correctness of the judgment and order dtd. 5/6/2023 passed by the Madurai Bench of Madras High Court in Crl. R.C. (MD) No. 583 of 2018. The appellant stands convicted for offences punishable under Sec. 279 and 304(A) of the Indian Penal Code (for short 'IPC'). The Judicial Magistrate, Nilakottai under Sec. 279 IPC sentenced the appellant by imposing a fine of Rs.1000.00. For the offence under Sec. 304(A) of IPC, a sentence of one-year simple imprisonment along with fine of Rs.5,000.00 wasimposed. Appropriate defaultsentences were also imposed. Aggrieved, the appellant challenged his conviction and sentence before the Additional Sessions Judge, Dindigul who confirmed the conviction and sentence imposed by the trial court. On further revision, the High Court, while maintaining the conviction, modified the sentence to that of three months simple imprisonment.

(3.) When the matter came up on 6/10/2023, the learned Judge in Chambers exempted the appellant from surrendering till the first date of hearing. The interim protection was extended on 6/11/2023. On 13/12/2023, the appellant offered to deposit an amount of Rs.1,00,000.00 (Rupees One Lakh only) towards compensation to the kin of the deceased. The statement was recorded and the interim protection was extended. The amount of Rs.1,00,000.00 since deposited is lying in the fixed deposit in the court. Thereafter, the learned counsel for the appellant filed an application to implead the legal representatives of the deceased. The notice on the application has been served but no one has entered appearance. We allow the said application and implead the mother of the deceased as a party respondent.