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Madras HC Acquits Prime Accused Chinnaswamy in 2016 Udumalpet Honour Killing Case
The Madras High Court has set aside the sentencing order passed by the District and Stage High Court, Tiruppur, in favor of B. Chinnasamy, a leading suspect in the 2016 Shankar murder trial of Sudaral, and has ordered his immediate release from custody.
Chinnasamy (A1) was the first suspect in the matter of the murder of Shankar, an engineering student who was a Caste Caste [SC] Community member, who married Chinnasamy's daughter, C. Kowsalya.
Unfortunately, seven people, heading towards Chinnasamy, brutally attacked the couple near the Udumalpet bus stop and killed them with a knife. Although Kowsalya's activist daughter survived the attack, Shankar died.
Finding Chinnasamy guilty of conspiring with Murder, and other relevant provisions of the Scheduled Compensation and Arbitration Act, 2015, the Trial Court sentenced him to death in December 2017.
In a 327-page decision, HC manager Justices M. Sathyanarayanan and M. Nirmal Kumar on Monday released Chinnasamy on all charges, including conspiracy and sentenced to death.
"A LETTER REQUEST IS ACCEPTED and the appellant / A1 is acquitted in all cases and the case and case against the respondent / A1 by the Chief District Judge and Stage Judge, Tirupur, S.N.19 of 2016 dated 12.12.2017, in cases under section 120 [ B], 302 r / w 120 [B] r / w 109 IPC, 307 r / w 120 [B] r / w 109 for IPC and under Phases 3 [2] [Va] for SC / St [POA] The Amendment Act, 2015 has been set aside and you have been given all charges against them, "the Order said.
The court also directed that the money, if any, allocated to the State as ordered by the Trial Court, be returned to Chinnasamy.
The order was passed on an appeal preferred by six of the eleven accused, convicted by the Trial Court.
In connection with the complaints filed by A4-Jagatheesan, A5-Manikandan, A6-Selvakumar, A7- Kalaithamilvaanan, and A8-Mathan, who were found guilty of beating Murder, for killing the deceased, the High Court reversed the jail order.
It is alleged that the suspects will face a difficult period, with 25 years to go without parole.
IPC / s.302 validation with the correct amount guaranteed. However, the sentence imposed on him is reversed and he is sentenced to life imprisonment with the indication that he should be sentenced to 25 years in prison, and at that time, he will not be eligible for parole, "he said.
"The A4 to A8, in Central Prison, Coimbatore, will receive the changed sentence now imposed by this court.
The bench also confirmed the adoption of Chinasamy's wife, C. Annalakshmi and his brother P. Pandidurai in this case, when they applied for a government sentence.
Inter alia, accused by Prasanna, who was accused of being part of an illegal assembly and was waiting for a traffic round to facilitate the escape of the attackers, is also suspended.
In addition, the court set aside a sentencing order passed to Dhanraj (A9), who was allegedly standing nearby, had been a member of an illegal assembly and had taken steps to prevent the deceased from escaping the attack.
The court also set aside the sentencing order of Manikandan (A11), accused of keeping the invaders, by giving them accommodation in his house and facilitating their presence.
"Since this court has sentenced A1, A9, and A11 to all the charges against them, they are ordered to be dismissed without the need for their presence/retention in relation to the other case/trial," the court-ordered.
