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Supreme Court of India 2017-08-14 partly_allowed

Madhavan & Ors vs State of Tamil Nadu

Bench: 2 — A.M. Khanwilkar

In Brief

The appellants were convicted of rioting and culpable homicide in connection with a family dispute over land. A free fight broke out in which the victim, Periyasamy, suffered fatal injuries inflicted by a wooden log (thadi). Both the Trial Court and High Court upheld the convictions based on credible eyewitness evidence, which the Supreme Court affirmed. However, the Court found the sentences excessive. Applying the principle of proportionality in sentencing and considering mitigating factors such as sudden provocation without premeditation, ready availability of the weapon, absence of prior criminality, and potential for reformation, the Court reduced the sentences for appellants 1, 3, and 5 from ten years to five years RI, and for appellants 2 and 4, remitted to time already served.

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Criminal Law Sentencing Proportionality Homicide Rioting

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