M.UDAYAKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Appeal coming on for hearing on fifth day of April, Two Thousand Twenty Two, upon perusing the Grounds of Appeal and the record of the evidence and proceedings before the Court of Sessions and upon hearing the arguments of Mr. N.Mohideen Basha,Advocate for the Appellants/Accused 1 to 3 and of Mr.T.Senthil Kumar, Additional Public Prosecutor for the respondent, this court having stood over for consideration till this date, it is ordered as follows : That the conviction and sentence imposed by the Trial Court on the first appellant/A1 under Sec. 302 of the Indian Penal code be and hereby set aside and instead, the first appellant /A1 be and hereby is convicted under Sec. 304(i) of the Indian penal Code and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000.00 (Rupees Ten Thousand only)in default, to undergo simple imprisonment for two years;

(2.) That, the conviction and sentence imposed by the Trial Court on the first appellant/A1 under Sec. 307 r/w 34 IPC be and hereby set aside;

(3.) That the period of sentence already undergone by the appellant /A1 shall be set off under Sec. 428 of the Code of Criminal Procedure and the fine amount already paid shall be adjusted towards the fine amount for the offence under Sec. 304(i);