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Murugesan & Others v. Ganapathy Velar

Murugesan & Others
v.
Ganapathy Velar

(Supreme Court Of India)

Crl. M.P. No. 3282 of 2000, Cri. Appeal No. 983 of 1997 | 13-11-2000


We have heard learned counsel for the parties and perused the detailed judgement of the High Court. Keeping in view the finding recorded by the trial Court, which on appreciation have been accepted by the High Court, in our opinion conviction of the appellants for offences under Sections 323/343/355 and 365, IPC is well merited. Accordingly, we are not inclined to interfere with the order of conviction.

Mr. Sivasubramaniam, learned senior counsel appearing for the appellants submits that the parties have since compromised and have resolved all their differences and are now having cordial relations. This position is not disputed by learned counsel appearing for the opposite side. We, therefore, while maintaining conviction of the appellants under Sections 323/343/355 and 365, IPC, reduce the substantive sentence to the period already undergone by them, but maintain the sentence of fine and imprisonment in default of payment of fine. We, however, direct that out of the fine paid, Rs. 25, 000/- shall be paid to each of the two injured person.

With the above modifications, the appeal is disposed of.

Advocates List

For the Appearing Parties ---------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE BRIJESH KUMAR

HON'BLE MR. JUSTICE R.C. LAHOTI

Eq Citation

2002 CRILJ 260

(2001) 10 SCC 504

LQ/SC/2000/1678

HeadNote

Penal Code, 1860 — Ss. 323/343/355 and 365 r/w S. 34 — Kidnapping and Wrongful confinement — Sentence — Conviction confirmed — Parties having compromised and resolved all their differences and having cordial relations — Substantive sentence reduced to period already undergone — Sentence of fine and imprisonment in default of payment of fine maintained — Out of fine paid, Rs. 25,000/- directed to be paid to each of the two injured persons