Supreme Court – Daily Orders
Chinnappan vs State Of Kerala on 22 January, 2025
Bench: Sudhanshu Dhulia, Prashant Kumar Mishra
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ITEM NO.13 COURT NO.13 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9820/2024
[Arising out of impugned final judgment and order dated 23-01-2024
in CRLREVPET No. 1697/2005 passed by the High Court of Kerala at
Ernakulam]
CHINNAPPAN & ORS. Petitioner(s)
VERSUS
STATE OF KERALA Respondent(s)
(IA No. 114774/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 22-01-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. A. Karthik, AOR
Mr. Nireesh Mathew, Adv.
Mr. Gajendra Singh Rajpurohit, Adv.
Ms. Smrithi Suresh, Adv.
Mr. Sugam Agrawal, Adv.
Mr. Ujjwal Sharma, Adv.
For Respondent(s) Mr. Harshad V. Hameed, AOR
Mr. Dileep Poolakkot, Adv.
Mrs. Ashly Harshad, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The petitioners convicted by the Trial Court for the offences
punishable under Sections 326, 143, 147, 148, 324, 341 r/w Section
149 of the Indian Penal Code (for short “the IPC”) and sentenced
for three months under Sections 143 & 147 of the IPC, for one year
Signature Not Verified
under Section 148 of the IPC, six months under Sections 324 r/w 149
Digitally signed by
Nirmala Negi
Date: 2025.01.23
17:41:34 IST
Reason:
& 341 of the IPC and two years under Section 326 r/w 149 of the IPC
respectively. But, the Sessions Court (First Appellate Court)
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partly allowed the appeal of the petitioners and set aside the
conviction and sentence under Section 326 r/w 149 of the IPC and
affirmed the order of conviction under Sections 143,147, 148, 341
and 324 r/w 149 of the IPC while setting aside separate sentences
passed under Sections 143 and 147. Also reduced the sentence to six
months & two weeks under Sections 148 & 341 of the IPC respectively
and confirmed the sentence awarded under Section 324 of the IPC. In
revision, the High Court confirmed the conviction but reduced the
sentence to three months under Sections 148 & 324 of the IPC and
one week under Section 341 of the IPC. The petitioners, however,
not spent even one single day in jail and vide order dated
16.05.2024 of this Court, they are granted exemption from
surrendering which was continued vide orders dated 22.07.2024 &
25.10.2024.
We have gone through the records and see absolutely no reason
to interfere with the order of the High Court, in exercise of our
jurisdiction under Article 136 of the Constitution of India.
The petitioners shall surrender and undergo the sentence in
jail.
The concerned Registrar (Judicial) of this Court is hereby
directed to communicate this order to the concerned Court/authority
for onward compliance.
The present petition is, accordingly, dismissed in the above
terms.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR) COURT MASTER (SH) ASSISTANT REGISTRAR