Skip to content


Kannan and anr. Vs. State of Tamil Nadu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 694 of 1979 and S.L.P. (Cri.) No. 1839 of 1981
Judge
Reported inAIR1982SC1192; 1982CriLJ1570; 1982(1)SCALE402; (1982)2SCC350; 1982(14)LC425(SC)
AppellantKannan and anr.
RespondentState of Tamil Nadu
Excerpt:
.....record a finding of not guilty. at this stage, it is neither necessary nor desirable to weigh the evidence meticulously to arrive at a positive finding as to whether of not the accused has committed offence under the ndps act. what is to be seen is whether there is reasonable ground for believing that the accused is not guilty of the offence(s) he is charged with and further that he is not likely to commit an offence under the said act while on bail. the satisfaction of the court about the existence of the said twin conditions is for a limited purpose and is confined to the question of releasing the accused on bail. it is evident that the circumstances which have weighed with the high court to conclude that it was a fit case for grant of bail are: (i) that nothing has been found from..........that more than seven years have elapsed since the imposition of the death penalty on them. taking into account, all the circumstances, we think that the sentence of imprisonment for life should be substituted for the sentence of death in the case of the two accused kannan and lakshmanan. criminal appeal no. 694 of 1979 filed by kannan is allowed to this extent. special leave petition no. 1839 of 1981 is allowed and the appeal of lakshmanan is also allowed to the extent indicated.
Judgment:

1. Criminal Appeal No. 694 of 1979 is by Kannan and Special Leave Petition No. 1839 of 1981 is by Lakshmanan, the 7th and 6th accused respectively in a case tried by the Learned IV Additional Session Judge, Madras Division. They alongwith others were convicted by the Learned Session Judge on various counts of conspiracy, murder, robbery, abduction etc and sentenced to death. Having gone through the record, we find that the evidence fully justified the convictions. The only question which requires consideration is that of sentence. The murders were committed for gain and pursuant to plans hatched by some of the fellow accused. The one redeeming feature, so for as these two accused are concerned is that, notwithstanding the fact that they were directly responsible for the murder of one of the victims, they were not the moving spirits of the band of criminals but were really 'junior partners,' if one may use such an expression, in the perpetration of the crimes. Their appearance on the scene was itself at a late stage and from the evidence it would appear that they were instruments in the hands of and under the domination of their fellow accused. In addition, there is also the circumstance that more than seven years have elapsed since the imposition of the death penalty on them. Taking into account, all the circumstances, we think that the sentence of imprisonment for life should be substituted for the sentence of death in the case of the two accused Kannan and Lakshmanan. Criminal Appeal No. 694 of 1979 filed by Kannan is allowed to this extent. Special Leave Petition No. 1839 of 1981 is allowed and the appeal of Lakshmanan is also allowed to the extent indicated.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //