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2024 Supreme(SC) 196

C. T. RAVIKUMAR, RAJESH BINDAL
M. Vijayakumar – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. G. Sivabalamurugan, AOR Mr. Selvaraj Mahendran, Adv. Mr. C. Adhikesavan, Adv. Mr. S.B. Kamalanathan, Adv. Mr. P.V. Harikrishnan, Adv. Mr. Sunil Singh Rawat, Adv. Mr. Kartik Sandal, Adv.
For the Respondent(s): Mr. D. Kumanan, AOR Mrs. Deepa. S, Adv. Mr. Sheikh F. Kalia, Adv. Mr. Veshal Tyagi, Adv.

JUDGMENT :

C.T. Ravikumar, J.

Leave granted.

1. This appeal is directed against the Judgment dated 25.01.2019 passed by the High Court of Judicature at Madras (for short the “High Court”) in Criminal Appeal No. 667 of 2011 whereunder the appellant’s conviction under Sections 342 and 365 of the Indian Penal Code, 1860 (IPC for short) was reversed and he was acquitted therefrom, but his conviction for the offence under Section 306, IPC was confirmed. The sentence imposed for the said conviction was reduced to three years rigorous imprisonment from rigorous imprisonment for seven years.

2. As a matter of fact, the appellant stood trial along with the four others, including his father Muthu (A-3). The appellant and one Ravichandran (A-2) stood trial for the offences under Sections 306, 342 and 365, IPC whereas the others were charged only for offences under Sections 342 and 306 IPC. After the trial, the appellant was convicted for all the offences for which he stood the trial and at the same time all his co-accused were acquitted from all the charges. As noticed hereinbefore, in the appellant’s appeal the High Court confirmed the conviction under Section 306, IPC and acquitted him only of

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