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2004 Supreme(Mad) 1334

R.BANUMATHI, P.SATHASIVAM
Jayashankar – Appellant
Versus
Union Territory of Pondicherry – Respondent


Advocates Appeared: For The Appellant:S. Sounthar, Advocate. For The Respondent: A.P.Suriya Prakasam, Additional Public Prosecutor.

Judgment :-

R. Banumathi, J.

Appellant is the Accused in S.C.No.48 of 2000 on the file of Additional Sessions Judge, Karaikkal. By the Judgment dated 11.12.2001, learned Sessions Judge has convicted the Appellant / Accused under Sec.302 I.P.C and sentenced him to undergo Life Imprisonment and also imposed fine of Rs.1000/-. The Appellant was also convicted under Sec.201 I.P.C and sentenced to undergo Rigorous Imprisonment for three years and also under Sec.354 I.P.C and sentenced to undergo Rigorous Imprisonment for one year.

2. Case of Prosecution could be stated thus:-

Deceased Child-Surya alias Manimekalai (hereinafter referred to as “Surya”) is the Daughter of P.W.1-Vaidyanathan. On the afternoon of 08.12.1999, Surya was found playing with one small Scooter Tyre and Stick (M.Os.4 and 5). In the afternoon, the Accused approached P.W.8-Mahalingam and asked for money by pledging the Tiffin Carrier. Later, the Accused gave his Watch (M.O.1) to P.W.8-Mahalingam and taken Rs.50/-. At the request of the Accused, P.W.9-Fasil went to the Toddy Shop for purchase of liquor. At that time, the Accused went to his house. After purchasing liquor for Rs.30/-, P.W.9 came to the house of P.W.8. Th















































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