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HC reduces life term in Shanmugasundaram assault case

By Our Special Correspondent

CHENNAI Aug. 5. The Madras High Court yesterday upheld a trial court order convicting `Welding' Kumar and five others for involvement in the `advocate Shanmugasundaram assault case', but reduced the sentence from life term to ten-year rigorous imprisonment.

However, in lieu of the reduction, a Division Bench directed the six accused to pay Rs.50,000 each as fine (total of Rs. 3 lakhs), which would be given to the victim, as compensation for the grievous injuries he sustained in the May 1995 attack.

According to the prosecution (DSP, Central Bureau of Investigation), Kumar, Senthil, Arumugam, Bhaskar, Navaneethakishnan and Ragu, in pursuance of a conspiracy, formed an unlawful assembly and trespassed into the residence-cum-office of Mr. Shanmugasundaram (who later became the High Court's Public Prosecutor and is now a DMK Rajya Sabha member) at around 7-45 p.m on May 30, 1995, and attacked him with deadly weapons.

The advocate was discussing with two of his assistants and another advocate, R.S. Bharathi, preparing a complaint against the Chief Minister, Jayalalithaa, in connection with purchase of land belonging to the TANSI, a government undertaking. Mr. Shanmugasundaram and his assistants were injured.

In June 1995, the case was handed over to the CBI, which began the investigation in July 1995.

The CBI arrayed seven persons as accused and charged them with conspiracy, assault, causing grievous hurt and attempt to murder. In November 1997, VI Additional Sessions Judge, Chennai found the first six accused guilty of all the charges and imposed a life sentence on them.

He acquitted the seventh accused. The six convicted persons filed the present appeal.

The Bench comprising, Justice N. Dhinakar and Justice T.V. Masilamani, said the prosecution had proved the charges beyond doubt and it saw no reason to interfere with the sessions judge findings on the conviction.

Pointing to counsel submission that the sentence imposed on the accused was on the higher side, the Bench said, after a consideration of the circumstances of the case, the gravity of the offences and the relative position of the injured victims, the life sentence could be reduced.

In lieu, it directed the six convicted persons to pay Rs.50,000 each as fine, and in default undergo another two years RI.

The fine should be paid within four weeks in the trial court, which was directed to pay the amount to the victim.

Dismissing the appeals, the Bench asked the trial court to initiate action against the accused, who were on bail, to commit them to prison for undergoing the rest of the sentence.

The Madras High Court Advocates Association had impleaded itself as a respondent in the appeal, to seek confirmation of the conviction.

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