CHINNAVAN @ GOVINDARAJ Vs. STATE

JUDGEMENT

(1.) "The magic of the spoken word, the power of the Socratic process and the instant clarity of the Bar-Bench dialogue are too precious to be parted with..." - (Justice VR Krishna Iyer in PN Eswara Iyer v Supreme Court of India reported in (1980) 4 SCC 680)

(2.) The appellants herein are father and son. The daughter of the first appellant (also the sister of the second appellant) was to get married. Since the appellants were incarcerated in Central Prison, Salem pursuant to the impugned judgment of conviction and sentence, they filed Crl.M.P.No.6476 of 2024 seeking interim suspension so that they can attend her marriage. While granting limited relief in the said petition on 20/5/2026, we happened to note that the impugned judgment had been passed without hearing the defence side. We, thereupon, intimated the learned Government counsel that we would take up the main appeal itself for disposal on 29/5/2026. We made it clear that we would not enter into the merits of the matter but confine ourselves to considering if the impugned judgment of the Court below stands vitiated for not having heard the arguments of the accused.

(3.) The appellants were convicted and sentenced vide judgment dtd. 2/3/2022 in S.C.No.72 of 2017 on the file of the III Additional District and Sessions Judge, Salem. The details of conviction and sentence are as follows:-