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G.RAMASUBBU versus KANDASAMY

High Court of Madras

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G.Ramasubbu v. Kandasamy - Crl.R.C.(MD).No.38 of 2007 [2007] RD-TN 2148 (3 July 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03/07/2007

CORAM

THE HONOURABLE MR.JUSTICE G.RAJASURIA

Crl.R.C.(MD).No.38 of 2007

G.Ramasubbu ... Petitioner Vs

1.Kandasamy

2.The State represented by

The Inspector of Police,

Kovilpatti West Police Station,

Tuticorin District. ... Respondent Prayer

Petition filed under Sections 397 and 401 of the Code of Criminal Procedure, to enhance the sentence awarded by the Assistant Sessions Judge, Kovilpatti in S.C.No.1 of 2005 on 08.03.2006.

For Petitioner ... Mr.C.Pandarasamy

For Respondents... Mr.P.Rajendran,

Government Advocate (Crl.Side) for R2.

:ORDER



This Criminal Revision Case is focussed to enhance the sentence awarded by the Assistant Sessions Judge, Kovilpatti in S.C.No.1 of 2005 on 08.03.2006.

2. Heard the learned Counsel for the petitioner/P.W.2, the father of the victim girl, in S.C.No.1 of 2005. The grievance of the petitioner is that even though the learned Assistant Sessions Judge, Kovilpatti, convicted the accused for the offence punishable under Section 306 I.P.C., a lesser sentence of three years imprisonment and fine of Rs.3,000/- (Rupees Three Thousand only) was imposed.

3. Being aggrieved by, such an order, this revision has been filed before this Court for enhancing the sentence.

4. The learned Counsel for the petitioner has brought to my notice that the accused who were convicted, preferred appeal before the learned Principal Sessions Judge, Tuticorin District and it is pending. During the pendency of that appeal, the learned Principal Sessions Judge suspended the sentence.

5. Hence, in these circumstances, in the fitness of things, the appeal from the lower Court cannot be transferred to this Court, but this Revision could be transferred to the learned Principal Sessions Judge, Tuticorin, for hearing along with the appeal preferred by the accused and at that time, depending upon the circumstances and what transpires during the hearing of both the matters, he shall pass suitable orders as per law.

6. In view of the above, this Criminal Revision Case is transferred to the learned Principal Sessions Judge, Kovilpatti, for being dealt with as per law. rsb

To

1.The Inspector of Police,

Kovilpatti West Police Station,

Tuticorin District.

2.The Assistant Sessions Judge,

Kovilpatti.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.




Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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