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2023 Supreme(SC) 1202

VIKRAM NATH, RAJESH BINDAL
Mariappan – Appellant
Versus
State, Rep. By Inspector of Police – Respondent


Advocates appeared:
For the Petitioner(s): Mr. T. Harish Kumar, AOR Mr. Navneet Dugar, Adv. Mr. Subham Kothari, Adv. Ms. Preethi G, Adv.
For the Respondent(s): Dr. Joseph Aristotle S., AOR Ms. Shubhi Bhardwaj, Adv.

ORDER :

Vikram Nath, J.

1. This appeal assails the correctness of the final Judgment and Order dated 22.04.2016 passed by the High Court of Judicature at Madras in Criminal Appeal No.151 of 2013 whereby the High Court has dismissed the appeal of the present appellant and confirmed the order of conviction under Section 302 of the Indian Penal Code, 1860,1[IPC] and awarding life sentence passed on 05.10.2012 by the Trial Court.

2. The facts of the case in brief are as follows :

    2.1 The case involves the offence of culpable homicide committed by the present appellant. The present appellant was accused no.1 before the Trial Court in S.C.No.177 of 2010 on the file of the learned IV Additional District & Session Judge, Erode District, at Bhavani. While the other two accused, i.e., accused nos.2 and 3 were acquitted of all charges by the Trial Court.

    2.2 The case involves the murder of one Kolandaippam, wherein the core motive was identified as a longstanding enmity over a land dispute between the deceased and the three accused. Prior to the incident, there were several confrontations and threats, notably 3½ years earlier on the disputed land, and a subsequent altercation involving the decease

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