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N. VELLINGIRI v. STATE REP. BY THE INSPECTOR OF POLICE

Supreme Court of India | Diary 5503/2019

Status

Order

Decided On

2024-12-12

Bench

HON'BLE MR. JUSTICE HRISHIKESH ROY, HON'BLE MR. JUSTICE S.V.N. BHATTI

Petitioner

N. VELLINGIRI

Respondent

STATE REP. BY THE INSPECTOR OF POLICE

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CRIMINAL) NO. 3401 OF 2019)

N. VELLINGIRI & ANR. APPELLANT(S)

VERSUS

STATE REP. BY THE INSPECTOR OF POLICE

RESPONDENT(S)

O R D E R

1. Leave granted.

2. Heard Mr. B Ragunath, learned counsel appearing for the

appellants. Also heard Mr. D. Kumanan, learned counsel appearing

for the State of Tamil Nadu.

3. Limited notice was issued in this case only on the quantum of

sentence. In support of his contention for reduction of sentence,

Mr. B Ragunath, learned counsel submits that the incident was on

spur of the moment, amongst family members. Moreover, it was a

minor dispute relating to a pathway amongst the disputing parties.

There are no other criminal antecedents of the appellants. It is

also submitted that the appellants were sentenced to nine months

imprisonment and they have been in custody for about ten days.

4. Mr. D. Kumanan, learned Government counsel on the other hand

submits that on account of assault by wooden log, the victim

suffered injuries and had to receive medical treatment.

5. Having considered the above circumstances in the present

matter and also looking at the fact that this was a one off

incident in the spur of moment and not a major matter, we deem it

appropriate to reduce the sentence to one month imprisonment, while

1

upholding the conviction under Section 325 IPC. The ...

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