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2024 Supreme(SC) 236

HRISHIKESH ROY, SANJAY KAROL
Periyasamy – Appellant
Versus
State Rep. By The Inspector Of Police – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S. Thananjayan, AOR Ms. Promila, Adv.
For the Respondent(s): Mr. V. Prabhkar, Sr. Adv. Ms. Jyoti Parashar, Adv. Mr. N. J. Ramchandar, Adv. Mr. R. Chandrachud, AOR Mr. Dhuli Venkata Krishna, Adv.

JUDGMENT :

SANJAY KAROL, J.

1. The present appeals arise from the final judgment and order dated 26th November 2014 passed by the Madurai Bench of Madras High Court, in Crl. A. (MD) No. 238 and 240 of 2014, which confirmed the judgment and order dated 31st July 2014 in Sessions Case No. 109 of 2005 passed by the Sessions Court, Tiruchirapalli, vide which the present appellants, Periyasamy1[Hereinafter ‘A-1’] and R. Manoharan2[Hereinafter ‘A-2’] were convicted in the following terms under the Indian Penal Code3[Hereinafter ‘IPC’]:

S.No

Name

Crime

Punishment Awarded

1.

A1 – Periyasamy

IPC – S.302 (2 counts)

Imprisonment for life and Rs. 1,000 fine

IPC – S.307 (2 counts)

Rigorous Imprisonment for seven years and Rs. 1,000 fine

2.

A2 - R. Manoharan

IPC – S.302 r/w S.109

(1 count)

Imprisonment for life and Rs. 1,000 fine

IPC – S.307 r/w S.109

(2 counts)

Rigorous Imprisonment for seven years and Rs. 1,000 fine

2. The incident in question relates to the death of two persons after being stabbed, allegedly by A-1 at the instigation of A-2. The prosecution case emerging from the record, as also set out by the Courts below, is as follows:-

2.1

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