INDIRA GANDHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dtd. 4/9/2025, wherein she had sought for release of her husband, Bala @ Balasubramanian, S/o.Dhandapani, aged about 55 years, CT.No.12299, who is presently confined at Central Prison, Cuddalore on the ground that the sentences of the other co-accused in S.C.No.301 of 2003 on the file of the Additional District Court (Fast Track Court No.III), Virudhachalam, Cuddalore District dtd. 28/10/2005, was reduced from life imprisonment to ten years of imprisonment by the Hon'ble Supreme Court in its judgement passed in Criminal Appeal Nos.697, 698 of 2012 and 481 of 2015 dtd. 16/2/2018.

(2.) The petitioner's husband, Bala @ Balasubramanian was arrayed as the fifth accused (A5) in S.C.No.301 of 2003. The Trial Court had convicted all the five accused, inter alia, under Ss. 396 IPC read with 34 IPC and sentenced them to undergo rigorous imprisonment for ten years. In view of the conviction under Sec. 396 IPC, the Trial Court held that a separate conviction under Sec. 302 IPC was unnecessary.

(3.) While Shajahan (A2) and Raja Mohammed (A3) filed appeals before this Court, the State had preferred an appeal in Crl.A.No.69 of 2006 seeking conviction of the accused under Sec. 396 IPC and enhancement of the sentence from ten years rigorous imprisonment to imprisonment for life. The appeals filed by A2 and A3 were dismissed, and this Court, by a common judgement dtd. 3/9/2010 in Crl.A.Nos.69, 1096 and 1097 of 2006, had enhanced the sentence of all the accused from ten years to life imprisonment.