AZEEZ Vs STATE OF KERALA
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: Crl.A. No.-000833-000833 / 2011
Diary number: 28275 / 2009
Advocates: A. VENAYAGAM BALAN Vs
R. SATHISH
1
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 833 OF 2011
(Arising out of SLP(Crl.) No.5930/2010)
AZEEZ Appellant(s)
:VERSUS:
STATE OF KERALA Respondent(s)
O R D E R
Leave granted.
The appellant was convicted by the Trial Court
under Sections 304-A, 279 and 337 of the Indian
Penal Code and was sentenced to undergo simple
imprisonment for one year under Section 304-A. He
was further sentenced to undergo simple imprisonment
for three months under Section 279 and three months
under Section 337 of the IPC. However, the sentences
were directed to run concurrently.
The appellant filed an appeal before the
Additional Sessions Judge, (Fast Track Court) No.1,
Thrissur, which was dismissed. Thereafter, he filed
a revision before the High Court which was also
dismissed. The appellant is thus before this Court.
2
We have heard the learned counsel for the
parties and perused the impugned judgment.
The appellant has undergone a part of the
sentence and has agreed to pay a compensation of
Rs.2,35,000/- to the complainant. It is stated at
the Bar that out of this amount, Rs.35,000/- has
already been received by the complainant and a sum
of Rs.2 lakhs has been deposited by the appellant in
the Registry of this Court, which is kept in the
fixed deposit. The learned counsel for the appellant
submits that he has no objection if the amount
deposited with the Registry is paid to the
complainant. Similarly, the complainant has no
objection if the appellant is released on the
sentence already undergone by him if the
aforementioned amount is paid to her.
On a consideration of the totality of the
facts and circumstances of this case, we are of the
view that ends of justice would meet if the amount
of Rs.2 lakhs, with interest, is directed to be paid
to the complainant (Mrs. Valsala) and the sentence
3
of the appellant is reduced to the period already
undergone by him. We order accordingly.
However, we make it clear that this case has
been decided on the peculiar facts of this case and
shall not be treated as a precedent.
The appeal is disposed of with the
aforementioned observations and directions.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; March 28, 2011.