Jayaraj Vs. State of
T.Nadu  INSC 138 (23 January 2009)
JURISDICTION CRIMINAL APPEAL NO.154 OF 2009 (Arising out of S.L.P. (Crl.)
No.7598 of 2008) Jayaraj ...Appellant(s) Versus State of Tamil Nadu
...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the parties.
The Trial Court
convicted the appellant under Section 302 of the Indian Penal Code [for short,
`I.P.C.'] and sentenced him to undergo imprisonment for life and to pay fine of
Rs.1,000/-; in default, to undergo further imprisonment for a period of three
months. On appeal being preferred, the High Court acquitted the appellant of
the charge under Section 302 I.P.C. and convicted him under Section 323 I.P.C. and
sentenced him to undergo rigorous imprisonment for a period of one year and
directed him to pay compensation of Rupees fifteen thousand for being paid to
the legal representatives of the victim. Against the said order, present appeal
has been filed by special leave.
....2/- -2- When the
case was placed for consideration, notice was issued limited to the question of
appearing on behalf of the appellant stated that the appellant has remained in
custody for a period of about ten months. Taking into consideration the
totality of the circumstances, we feel that sentence of imprisonment awarded
should be reduced.
appeal is allowed in-part and, while upholding the conviction of the appellant,
sentence of imprisonment awarded is reduced to the period already undergone.