IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1317 OF 2012 SIVASANKAR …APPELLANT(S) VERSUS STATE OF TAMIL NADU …RESPONDENT(S) O R D E R 1. The appeal stems from the impugned order dated 12.11.2010 passed by the High Court of Judicature at Madras in Criminal Appeal No.567 of 2010, whereby the High Court has dismissed the said appeal confirming the conviction and sentence imposed by the Trial Court for the offence under Section 302 IPC. 2. Heard learned counsel for the parties. 3. Having regard to the submissions made by the learned counsel for the parties and to the concurrent findings recorded by the two Courts, we are of the opinion that there are no good grounds to interfere with the impugned order passed by the High Court. Both the Courts have appropriately considered the evidence in detail, more particularly of the PW-1, as also the confessional statement recorded in the presence of PW-10, the Village Administrative Officer. 1
4. There being ample evidence having been collected during the course of investigation against the appellant, which has been rightly appreciated by both the Trial Court as well as the High Court, the present appeal deserves to be dismissed and is accordingly dismissed. 5. It is needless to say that since the appellant has already undergone about 14 years of incarceration, he may apply to the concerned Competent Authority for the remission of sentence, as may be permissible under the law. Any such application, if made, shall be considered by the Competent Authority in accordance with law. 6. The Criminal Appeal is dismissed accordingly. 7. Pending application(s), if any, shall stand disposed of. ......................J. (BELA M. TRIVEDI) ......................J. (PANKAJ MITHAL) NEW DELHI; 24 TH MAY, 2024. 2
ITEM NO.2 COURT NO.2 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s).1317/2012 SIVASANKAR Appellant(s) VERSUS STATE OF TAMIL NADU Respondent(s) (IA No. 134552/2022 - GRANT OF BAIL AND IA No. 32246/2020 - GRANT OF BAIL) Date : 24-05-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL (VACATION BENCH) For Appellant(s) Mr. Vijay Kumar, AOR Mrs. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. For Respondent(s) Mr. Aravindh S., AOR Mr. Akshay Gupta, Adv. UPON hearing the counsel the Court made the following O R D E R 1. In terms of the signed order, the Criminal Appeal is dismissed. 2. Pending application(s), if any, shall stand disposed of. (RAVI ARORA) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH) (signed order is placed on the file) 3
ITEM NO.116 COURT NO.15 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No. 1317/2012 SIVASANKAR Appellant(s) VERSUS THE STATE OF TAMIL NADU Respondent(s) (IA No. 134552/2022 - GRANT OF BAIL) Date : 14-02-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE UJJAL BHUYAN For Appellant(s) Mr. Vijay Kumar, AOR For Respondent(s) Mr. Aravindh S., AOR UPON hearing the counsel the Court made the following O R D E R As prayed for, list the matter after two weeks. (VISHAL ANAND) (BEENA JOLLY) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.104 COURT NO.1 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1317/2012 SIVASANKAR Appellant(s) VERSUS THE STATE OF TAMIL NADU Respondent(s) (IA No. 134552/2022 - GRANT OF BAIL) Date : 14-09-2023 These matters were called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE MANOJ MISRA For Appellant(s) Mr. Vijay Kumar, AOR Ms. Vithika Garg, Adv. Ms. Vidushi Garg, Adv. For Respondent(s) Mr. Aravindh S., AOR Mr. Abbas, Adv. UPON hearing the counsel the Court made the following O R D E R 1 Mr VG Pargasam, the then Advocate-on-Record who has entered appearance for the State of Tamil Nadu is reported to have passed away during the course of the COVID-19 pandemic. 2 In the circumstances, on the request of Mr Aravindh S, the Advocate-on-Record who has entered appearance for the State of Tamil Nadu, we extend the time for compliance of the directions contained in the order dated 17 February 2021 by a further period of two weeks.
2 3 The Registry shall share a soft copy of the trial court record with Mr Aravindh S so as to enable him to prepare the compilation. 4 A copy of the compilation shall be served on the counsel appearing on behalf of the appellant. 5 Leave is granted to amend the cause title so as to implead the Union Territory of Puducherry. 6 List the Appeal on 4 October 2023. (GULSHAN KUMAR ARORA) (RENU BALA GAMBHIR) AR-CUM-PS COURT MASTER (NSH)
ITEM NO.801 COURT NO.4 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No.1317/2012 SIVASANKAR Appellant(s) VERSUS THE STATE OF TAMIL NADU Respondent(s) Date : 23-11-2021 This appeal was MENTIONED today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE VIKRAM NATH For Appellant(s) Mr. Vijay Kumar, AOR (Mentioned by) For Respondent(s) Mr. Aravindh S., AOR UPON being mentioned the Court made the following O R D E R 1 On mentioning, the matter is taken on Board. 2 List the Criminal Appeal on 8 December 2021. (CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master
ITEM NO.2 Court 6 (Video Conferencing) SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No.1317/2012 SIVASANKAR Appellant(s) VERSUS THE STATE OF TAMIL NADU Respondent(s) (With appln.(s) for IA No.32246/2020 - GRANT OF BAIL) Date : 17-02-2021 These matters were called on for hearing today. CORAM : HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE M.R. SHAH For Appellant(s) Mr. Vijay Kumar, AOR Ms. Vidhushi Garg, Adv. For Respondent(s) Mr. V. G. Pragasam, AOR Mr. S. Prabhu Ramasubramanian, Adv. UPON hearing the counsel the Court made the following O R D E R 1 Instead of taking up the application for bail, we are of the view that the ends of justice would be met if the criminal appeal which arises out of a conviction under Section 302 of the Indian Penal Code, is taken up for hearing and final disposal. 2 Mr V G Pragasam, learned counsel appearing on behalf of the Government of the Union Territory of Puducherry shall prepare a compilation including translated copies of the documentary evidence so as to facilitate expeditious disposal of the appeal. A copy of the compilation of the translated record shall be supplied to the learned counsel for the appellant. 3 List the Criminal Appeal on 24 March 2021for final disposal. (CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master
¸ITEM NO.22 REGISTRAR COURT.1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRIMINAL APPEAL NO(s). 1317 OF 2012 BEFORE THE REGISTRAR SANJIV JAINSIVASANKAR Appellant (s) VERSUSSTATE OF TAMILNADU Respondent(s)(With appln(s) for bail)Date: 05/03/2014 This Appeal was called on for hearing today.For Appellant(s) Mr. Ratniswar Das, Adv. Mr. Vijay Kumar,Adv.For Respondent(s) Ms. A. Samtha Kumaran, Adv. Mr. V.G. Pragasam,Adv. UPON hearing counsel the Court made the following O R D E R The learned counsel for the respondent submits that she does not wishto file additional documents. No additional documents have been filed on behalf of the appellant. No further steps are to be taken. The matter falls under the complete category. Registry to processthe matter for listing before the Hon'ble Court, as per rules.| | | (SANJIV JAIN) || | |REGISTRAR || | | |rd
*ITEM NO.1 COURT NO.7 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCRLMP.NO. 12202/2012 in CRIMINAL APPEAL NO(s). 1317 OF 2012SIVASANKAR Appellant (s) VERSUSSTATE OF TAMILNADU Respondent(s)(For bail)(FOR FINAL DISPOSAL)Date: 01/05/2013 This Appeal was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. PATNAIK HON'BLE MR. JUSTICE A.K SIKRIFor Appellant(s) Mr. Vijay Kumar, Adv.For Respondent(s) Mr. V. Kanagaraj, Sr. Adv. Mr. V.G. Pragasam, Adv. Mr. S.J. Aristotle, Adv. Mr. Prabu Ramasubramaniam, Adv. UPON hearing counsel the Court made the following O R D E R We are not inclined to grant bail to the appellant pending appeal before this Court. However, in case the appeal is not decided within one year from today, it will be open for the appellant to renew his prayer for bail. The Crl.M.P. is dismissed.| (G. SUDHAKARA RAO) | | (USHA SHARMA) ||COURT MASTER | |COURT MASTER |
HITEM NO.66 COURT NO.12 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4043/2012(From the judgement and order dated 12/11/2010 in CRA No.567/2010of The HIGH COURT OF MADRAS)SIVASANKAR Petitioner(s) VERSUSSTATE OF TAMILNADU Respondent(s)(With appln(s) for bail, c/delay in filing SLP and office report)Date: 21/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Mr. Vijay Kumar,Adv. (SCLSC)For Respondent(s) Mr. V. Kanagaraj,Sr.Adv. Mr. V.G. Pragasam,Adv. Mr. S.J. Aristotle,Adv. Mr. Prabhuramasubramanian,Adv. UPON hearing counsel the Court made the following O R D E R Delay condoned. Leave granted. List application for bail after a month. |(NARENDRA PRASAD) | |(RENUKA SADANA) ||COURT MASTER | |COURT MASTER | 1
6ITEM NO.63 COURT NO.11 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4043/2012(From the judgement and order dated 12/11/2010 in CRA No.567/2010of The HIGH COURT OF MADRAS)SIVASANKAR Petitioner(s) VERSUSSTATE OF TAMILNADU Respondent(s)(With appln(s) for bail and office report)Date: 06/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Dr. K.P. Kylasanatha Pillay,Sr.Adv. Mr. Vijay Kumar,Adv.(SCLSC)For Respondent(s) Mr. V. Kanagaraj,Sr.Adv. Mr. V.G. Pragasam,Adv. Mr. S.J. Aristotle,Adv. Mr. Praburamasubramanian,Adv. UPON hearing counsel the Court made the following O R D E R Perused the letter. Adjourned for two weeks. |(NARENDRA PRASAD) | |(RENUKA SADANA) ||COURT MASTER | |COURT MASTER | 1
*ITEM NO.61 COURT NO.12 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl) No(s).4043/2012(From the judgement and order dated 12/11/2010 in CRA No.567/2010of The HIGH COURT OF MADRAS)SIVASANKAR Petitioner(s) VERSUSSTATE OF TAMILNADU Respondent(s)(With appln(s) for bail and office report)Date: 23/07/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Mr. Vijay Kumar,Adv.(SCLSC)For Respondent(s) Mr. V. Kanagaraj,Sr.Adv. Mr. V.G. Pragasam,Adv. Mr. S.J. Aristotle,Adv. Mr. Prabu Ramasubramaniam,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner opposed the letter circulated bythe learned counsel for the respondent. Adjourned for two weeks.|(NARENDRA PRASAD) | |(RENUKA SADANA) ||COURT MASTER | |COURT MASTER |1
ºITEM NO.22 COURT NO.12 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl)... 2012 CRLMP.NO(s). 10884(From the judgement and order dated 12/11/2010 in CRA No.567/2010,of The HIGH COURT OF MADRAS)SIVASANKAR Petitioner(s) VERSUSSTATE OF TAMILNADU Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 09/05/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Mr. Vijay Kumar,Adv.(SLSC)For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice on special leave petition as well as on application for bail. [SUMAN WADHWA] [RENUKA SADANA] COURT MASTER COURT MASTER