HC confirms 3-year jail term to former DMK legislator

CHENNAI: The Madras High Court confirmed an order of the special court imposing three-year imprisonment with a penalty of Rs 11,000 for former DMK MLA A Asokan on charges of an attempt to shoot down his second wife on December 6, 2015.

Justice GK Ilanthiraiyan passed the direction on dismissing the criminal appeal filed by Asokan, former DMK MLA elected from the Tiruvarur constituency in 1996.

The petitioner sought direction to set aside the order of a special court trying cases against MPs and MLAs imposing three years and six months of imprisonment with the Rs 11,000 penalty.

According to the appellant, the order passed by the trial court should be set aside as the prosecution failed to prove that the statements of the complainant and the witnesses are not true.

Senior Advocate NR Elango for the appellant submitted that immediately after the said gun shooting incident, the complainant went to the police station but lodged the complaint only after four hours.

The senior lawyer further argued that the complainant lodged the complaint merely on the ground of hearing the gunshots and the same will not attract IPC Section 307 – attempt to murder.

However, the judge observed that it is quite natural that after a sudden gunshot any human being will get shocked and nervous. “It cannot be expected of the victim to lodge a complaint immediately,” the judge noted.

The judge further indicated that the intention and knowledge of the accused have a vital role to prove the offense under Section 307 of IPC.

Justice Ilanthiraiyan further confirmed one of the sentences under Section 509 saying that the modesty of the victim was put to shame by the appellant who scolded the victim and uttered obscene words. “The revolver which was used for an unlawful purpose which is a clear violation of gun license under the Arms Act,” the court opined.

The case of the prosecution was the convict who suspected the fidelity of his second wife had opened fire at her twice on December 06, 2015. Therefore, they booked him under IPC sections 307, 509, and Section 20 read with 30 of the Arms Act.