Vijayan G vs. State Of Kerala

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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).2485/2013

(From the judgement and order dated 19/11/2012 in CRLRP No.2277/2012, of The HIGH COURT OF KERALA AT ERNAKULAM)

VIJAYAN G. Petitioner(s)

VERSUS

STATE OF KERALA Respondent(s)

(With appln(s) for bail)

Date: 08/04/2013 This Petition was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE GYAN SUDHA MISRA HON'BLE MR. JUSTICE J. CHELAMESWAR

For Petitioner(s) Mr. Raghenth Basant, Adv. Mr. Arjun Singh Bhati, Adv. Mr.Senthil Jagadeesan, Adv.

For Respondent(s)

UPON hearing counsel the Court made the following O R D E R

Learned counsel for the petitioner submits that the fine imposed on the petitioner may be enhanced in lieu of three months simple imprisonment imposed on the petitioner as the incident happened in the year 2004 and after 9 years if the petitioner is made to undergo imprisonment, who is an ex-Army personnel, it would be very harsh and therefore, this Court should grant indulgence to the petitioner to pay fine in lieu of the sentence. This submission has been made in view of Section 304A of the Indian Penal Code, 1860 wherein it has been laid down that the Court may award two years imprisonment, or fine, or both, in view of which this Court can exercise its discretion in appropriate cases to substitute the sentence by increasing the amount of fine to meet the ends of justice.

Without expressing any opinion on this averment, we direct the counsel for the petitioner to file an affidavit by holding consultation with the legal representatives of the deceased victim as to whether the fine would be acceptable to the LRs of the deceased by way of compensation in lieu of the sentence.

The matter be listed after four weeks to enable the counsel to file the affidavit.

COURT MASTER COURT MASTER

(NAVEEN KUMAR) (SNEH BALA MEHRA)