10-year RI commuted to three years
Convict has six children
MADURAI: The Madras High Court Bench here on Thursday commuted the sentence imposed on a 44-year-old convict having six children from 10 years’ rigorous imprisonment to three years.
Partly allowing an appeal filed by him, Justice A. Selvam said: “Considering the age of the appellant and his family circumstances, this court is of the view that three years of rigorous imprisonment will be sufficient to meet the ends of justice.”
The judge, however, confirmed the conviction under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code for killing the father of a villager, who allegedly developed intimacy with the convict’s wife, at Thiruvidaimaruthur in Thanjavur district in 1997.
The sentence was awarded by the Additional Sessions-cum-Chief Judicial Magistrate at Kumbakonam on January 18, 2000.
The appellant had undergone just a month of imprisonment pursuant to the conviction, as the High Court suspended the sentence while admitting his appeal in 2000.
The judge directed the trial court to take steps to incarcerate him to serve the remaining period of 35 months.
Mr. Justice Selvam said the prosecution had produced clinching evidence to prove that the appellant, along with two others, had trespassed into the house of the deceased and attacked him with an iron rod.
The wife of the deceased was also beaten up with a cudgel when she tried to save her husband. The eyewitnesses had tendered clear and trustworthy evidence which, the judge said, could not be rejected just because they were related to the deceased.