CHELLAPPA Vs. STATE
LAWS(SC)-2020-5-38
SUPREME COURT OF INDIA
Decided on May 04,2020

CHELLAPPA Appellant
VERSUS
STATE Respondents


Referred Judgements :-

VIRENDRA SINGH VS. STATE OF MADHYA PRADESH [REFERRED TO]


JUDGEMENT

B.R. Gavai,j - (1.)This appeal arises out of the final judgment and order dated 19.12.2007 passed by the High Court of Madras, Bench at Madurai, in Criminal Appeal No. 1 of 2006, whereby the High Court partly allowed the criminal appeal filed by the accused-appellant, along with others, and set aside the conviction imposed on him under Sections 148 and 341 of the Indian Penal Code, 1860 (hereinafter referred to as the'IPC'). Further, the conviction and sentence imposed on him under Section 302 read with Section 149, IPC was converted into the conviction under Section 302 read with Section 34, IPC. However, the conviction imposed on the accused-appellant under Section 324 of the IPC was confirmed by the High Court.
(2.)The challenge before the High Court was against the judgment dated 28.10.2005, passed by the Trial Court in S.C. No. 9 of 2005 convicting the accused-appellant under Sections 148, 341, 324 and Section 302 read with Section 149, IPC. The Trial Court sentenced the accused-appellant to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500/- for the offence punishable under Section 148, IPC, and in default of payment of fine thereof to further undergo rigorous imprisonment for 3 months. The accused-appellant was also sentenced to undergo rigorous imprisonment for 1 month and to pay a fine of Rs. 300/- for the offence punishable under Section 341, IPC, in default thereof to further undergo rigorous imprisonment for 1 week. The accused-appellant was also ordered to undergo rigorous imprisonment for 3 years and also to pay fine of Rs. 500/- for the offence punishable under Section 324 of the IPC, and in default thereof, to further undergo rigorous imprisonment for 1 month. Finally, for the offence punishable under Section 302 read with Section 149 of the IPC, the accused-appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, and in default of payment of fine thereof, to further undergo rigorous imprisonment for 3 months.
(3.)The factual matrix as advanced by the prosecution, necessary for the disposal of this case is that all the accused persons viz., A1 to A5 including accused-appellant being A3, used to eve tease PW2, aged 26 years old, who was the wife of the deceased. PW2 informed her husband about the same and the deceased reprimanded the accused persons. However, on 28.06.2003, at about 7.30 p.m., when the deceased's father (PW1), PW2 and the deceased were nearing the bus stop on their way to the church, PW2 was once again eve teased by the accused persons in front of the deceased. As a result, a quarrel took place, wherein the accused persons, including the accused-appellant, warned the deceased by giving him death threats.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.