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Krishnaswamy Naicker and ors. Vs. State of Tamil Nadu - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Judge
Reported in1980Supp(1)SCC10; 1980(12)LC140(SC)
AppellantKrishnaswamy Naicker and ors.
RespondentState of Tamil Nadu
Excerpt:
- letters patent (a.p.),clause 15: [dr.arijit pasayat & asok kumar ganguly, jj] letters patent appeal-interference grant of stage carriage permit - order cancelled by single judge in view of dispute whether route was new route and matter remanded to s.t.a.t. for fresh consideration held, interference with order by division bench on abrupt conclusion that route was existing route is uncalled for. moreso, in view of remand of matter by single judge. s. murtaza fazal ali, j.1. this appeal by special leave is confined to the question of sentence only. three appellants have been convicted under section 302 and sentenced to life imprisonment as commuted by the high court. the high court also imposed a fine of 15,000/- each in lieu of the reduction of sentence from death to life imprisonment.2. we have heard counsel for the parties and having regard to the peculiar facts and circumstances of the case we reduce the fine from rs. 15,000/- each to rs. 2,000/- each and in default one year's rigorous imprisonment to run concurrently with the life sentence. with this modification, the appeal is dismissed. the entire tine if realised shall be paid as directed by the high court.
Judgment:

S. Murtaza Fazal Ali, J.

1. This appeal by special leave is confined to the question of sentence only. Three appellants have been convicted under Section 302 and sentenced to life imprisonment as commuted by the High Court. The High Court also imposed a fine of 15,000/- each in lieu of the reduction of sentence from death to life imprisonment.

2. We have heard Counsel for the parties and having regard to the peculiar facts and circumstances of the case we reduce the fine from Rs. 15,000/- each to Rs. 2,000/- each and in default one year's rigorous imprisonment to run concurrently with the life sentence. With this modification, the appeal is dismissed. The entire tine if realised shall be paid as directed by the High Court.


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