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2004 Supreme(Mad) 1697

N.DHINAKAR, N.KANNADASAN
A. Babu @ Raj & Another – Appellant
Versus
State, rep. by Inspector of Police – Respondent


Advocates Appeared: For The Appellants :V.K.Muthusamy, S.C., M/s.K.Kalyanasundaram, S.M.Deenadhayalan, Advocates. For The Respondent: V.M.R. Rajendran, Addl. Public Prosecutor.

Judgment :-

N.Dhinakar, J.

The appellant in C.A.No.1863 of 2002 is A-3 and the appellant in C.A.No.1816 of 2003 is A-1 in Sessions Case No.128 of 2002. The appellants in the above two appeals were tried along with three others in the said sessions case. In this judgment, the appellant in C.A.No.1816 of 2003 and the appellant in C.A.No.1863 of 2002 will be referred as A-1 and A-3 and the other accused, who were tried along with the appellants, will be referred as A-2, A-4, and A-5 in the same order as they were arrayed before the learned sessions Judge for the sake of convenience. The above two appeals are disposed of by the following common judgment, as they arise out of a single sessions case.

2. The accused, A-1 to A-5 (including the two appellants) were tried under Sections 394, 395 and 395 read with 397 I.P.C. The learned Sessions Judge, while acquitting the fifth accused, convicted A-1 to A-4 and sentenced each one of them to imprisonment for life for the offence under Section 394 I.P.C. and also directed each one of them to pay a fine of Rs.1,000/- with a default sentence of six months R.I. for the said offence. A-1 to A-4 were also convicted under Section 392 read with 397 I.P
























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