M. VIJAYAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted. This appeal is directed against the Judgment dtd. 25/1/2019 passed by the High Court of Judicature at Madras (for short the "High Court") in Criminal Appeal No. 667 of 2011 whereunder the appellant's conviction under Ss. 342 and 365 of the Indian Penal Code, 1860 (IPC for short) was reversed and he was acquitted therefrom, but his conviction for the offence under Sec. 306, IPC was confirmed. The sentence imposed for the said conviction was reduced to three years rigorous imprisonment from rigorous imprisonment for seven years.

(2.) As a matter of fact, the appellant stood trial along with the four others, including his father Muthu (A-3). The appellant and one Ravichandran (A-2) stood trial for the offences under Ss. 306, 342 and 365, IPC whereas the others were charged only for offences under Ss. 342 and 306 IPC. After the trial, the appellant was convicted for all the offences for which he stood the trial and at the same time all his co-accused were acquitted from all the charges. As noticed hereinbefore, in the appellant's appeal the High Court confirmed the conviction under Sec. 306, IPC and acquitted him only of the other two offences. Hence, this appeal.

(3.) Heard learned counsel for the appellant and also the learned Standing Counsel for the State of Tamil Nadu.