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2015 Supreme(SC) 220

J.CHELAMESWAR, C.NAGAPPAN
R. Dineshkumar @ Deena – Appellant
Versus
State Rep. by Inspector of Police – Respondent


JUDGMENT

Chelameswar, J.

1. Leave granted.

2. One Vijayan @ Vijayakumar was killed on 4th June 2008 in the city of Chennai. It appears from the judgment under appeal that the incident occurred in the following manner:

"At the time of occurrence, the deceased was proceeding in his car. The assailants came in a white Ambassador car, intentionally dashed the said car against the car driven by the deceased. As a result, the car driven by the deceased came to a halt. Some people suddenly emerged and brutally attacked Vijayan @ Vijayakumar and he succumbed to the injuries instantaneously."

3. A case in Crime No.618 of 2008 came to be registered with respect to the said incident at Abiramapuram Police Station, Chennai. A final report came to be filed against seven accused persons of whom the appellant herein is one (A-5). All the seven accused are facing trial in Sessions Case No.73 of 2009 on the file of the Principal Sessions Judge, Chennai. From the judgment [dated 13.11.2014 passed by the High Court of Madras in Crl. R.C. No.425 of 2014] under appeal, it appears:

"The trial Court has framed charges under Sections 147, 148, 302 & 120-B IPC. As many as 71 witnesses were cited in the final rep




















































































































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