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D.MURUGESAN, V.PERIYA KARUPPIAH
Sankar @ Krishnan – Appellant
Versus
State – Respondent


Counsel for the Parties:
For the Appellant:M/s. N. Sudharsan and C. Rajesh, Advocates.
For the Respondent: Mr. V.R. Balasubramanian, A.P.P.

JUDGMENT

V. Periya Karuppiah, J.—This Appeal is directed against the judgment of the learned Additional Sessions Judge, Dharmapuri made in S.C. No. 339 of 2004 dated 30.3.2005. By the abovesaid judgment the appellant who was the sole accused in Sessions Case was found guilty of offence under Sections 302 and 404 of IPC, convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for three months for the offence under Section 302 of IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for three months for offence under Section 404 of IPC.

2. The brief case of the prosecution as put forth before the Trial Court is as follows:

PW2 is the grand daughter of the deceased-Periyakka. The deceased was living in the house of one Raji Gounder at Thonganur Village separately. On 5.5.2004, at about 12.00 noon, PW2 visited the house of Periyakka and as she could not find her at the house and the door was locked, she with the help of PW4 removed two tiles from the roof and found the deceased Periyakkal lying dead and her body was in a decomposed

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