Latest News
Back
Document:
The conviction of the accused is altered from offence punishable under Section 302 IPC to offence punishable under Section 324 IPC-Supreme Court
In this case of GURU @ GURUBARAN & ORS. Versus STATE REP. BY INSP. OF POLICE, an appeal was filed by Accused Nos. 1, 2, 3, 5 and 9 against the judgment of the High Court whereby Guru @ Gurubaran (A1) and Durai @ Durairajan (A2) have been convicted under Section 302, Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay a fine of Rs.1000/each with default sentence of 3 months rigorous imprisonment (RI). As far as Vettri @ Vetrivell (A3) is concerned, he was convicted under Section 324 IPC on two counts and sentenced to one year RI on each count and fine of Rs.1000/with default sentence of 3 months. Narayanan (A5) and Srinivasan (A9) along with other accused were convicted under Section 323 IPC and sentenced to undergo six months RI and pay fine of Rs.1000/each with default sentence of 3 months.
The case is that case is that Parasuraman (PW14), son of deceased Saroja and Munusamy Pillai (PW1), was in love with Uma, the younger sister of A1. They both got married and after the marriage, PW14 lived in his wife’s house. However, Saroja (deceased) did not approve of this. Thereafter, PW14 came back to his house. On 03.03.1998, it is alleged that Jayaraman (A4) assaulted Nagarajan (PW2),brother of Saroja and brother-in-law of PW1. To settle the dispute, a Panchayat was called the next day. It is admitted that this Panchayat was called at the instance of A1. The Panchayat was to be conducted in the evening. However, since the Pradhan of the Panchayat was indisposed, the Panchayat could not be held.
Thereafter, PW2, his sister Saroja (deceased), his wife Rani (PW7), Murugan (PW13) and Naveen Kumar, son of PW2 and PW7 stood outside the house of PW talking amongst themselves. According to him, PW13 had come to the village because of the Panchayat. While they were standing there, A1 came armed with a sickle (Koduval), A2 armed with an Iron Pipe, A3 armed with a sickle (Koduval) and A4 to A9 carrying thick wooden staffs in their hands. It is alleged that A1 attacked deceased Saroja with a sickle on the front portion of her head and said that it was only because of her that the younger sister of A1 has to live separately from her husband. A2 gave a blow on the back of the neck of Saroja with an iron pipe. The other accused are alleged to have attacked Saroja with wooden staffs in their hand. When the family members of Saroja tried to protect her, all the 9 accused surrounded hher and, as such, they could not protect her. According to the eyewitnesses, they were also attacked by the members of the aggressive party.
The supreme court after hearing the matter held “In view of the above, the appeal of Accused Nos. 1, 3, 5 and 9 is dismissed and the appeal of Accused No. 2 is allowed and his conviction is altered from offence punishable under Section 302 IPC to offence punishable under Section 324 IPC and the sentence is reduced to the period of incarceration already undergone. Accused Appellant Nos.1 & 2 were granted bail vide this Court’s order dated 08.01.2018. In view of the above, bail bond of Appellant No.1 (A1) is cancelled. He shall be taken into custody forthwith to serve remaining period of the sentence and bail bond of Appellant No.2 (A2) is discharged. Pending application(s), if any, stand(s) disposed of.”
Document:
