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Kerala High Court Reduces Substantive Sentence and Fine In a Criminal Appeal

-Report by Zainab Khan

A single bench of Justice Kauser Edappagath hearing the matter of criminal appeal in the case of CHANDRAKUMAR vs State of Kerala reduced the sentence of the appellant from 7 years of imprisonment to 5 years and also reduced the fine from Rs.50,000 to 5000.

FACTS

The appellant was charged u/s -304 of IPC for killing his mother-in-law named Santhamma. On 4th March 2012, the appellant beat Santhamma by grabbing her hair and beating her head with a torch, and on the next morning, she died because of the injuries. On 22nd September 2017, an additional district and session Judge found the appellant guilty u/s 304 of IPC on the basis of facts, evidence, and witnesses. He sentenced him to 7 years of imprisonment and
imposed a fine of Rs.50,000. The appellant thus filed an appeal against his conviction in the Kerala High court.

Petitioner contentions

The learned counsel Adv. Reji R appeared for the appellant. He contended that the appellant has undergone a Substantive period of his imprisonment and the remaining period should be reduced to the sentence already undergone. He also argues that the appellant is the only earning member in his family and his family depends upon him and he also can’t afford to pay the whole amount of the fine. He can only afford up to Rs 5000.

COURT’S DECISION

Justice Kauser Edappagath while disposing of this criminal appeal upheld the decision of the district and session Judge-IV with a modification that imprisonment reduces to the period already undergone ( i.e 5 years 6 months and 1 day as on 16th July 2022) by the appellant. The amount of the fine was reduced to Rs.5000. The appellant shall be released as and when he pays the fine.

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