C.VELUCHAMY Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The present revision has been filed against order passed by the Mahila Court in and by which the sentence of imprisonment along with fine was modified by the appellate court.

(2.) It is the case of the prosecution that the revision petitioner and his father, who were arrayed as A-1 and A-2 before the trial court, caused grievous injuries on the defacto complainant. The trial court, after full fledged trial, while acquitting A-2, convicted A-1/petitioner for the offence u/s 325 IPC and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for a period of one month. On appeal, the appellate court, while confirmed the conviction imposed on the petitioner herein, however, modified the sentence to simple imprisonment to a period of one month and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for a period of one month. Aggrieved by the said conviction and sentence imposed on the petitioner, the present revision has been filed.

(3.) Learned counsel appearing for the petitioner contended that though there are very many inconsistencies and infirmities in the testimony of the prosecution witnesses, which has been dealt with by the appellate court while modifying the sentence, however, the appellate court ought not have sentenced the petitioner to simple imprisonment for a period of one month, but could have very well imposed a fine over and above the amount of Rs.10,000/- imposed on the petitioner. Therefore, in all earnestness, it is pleaded by the learned counsel for the petitioner herein that this Court may modify the sentence by setting aside the period of imprisonment, but imposing a fine higher than the one imposed by the appellate court.