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2003 Supreme(Mad) 120

P.D.DINAKARAN
Balaji & Others – Appellant
Versus
State – Respondent


Advocates Appeared:For the Petitioner:Mr.M.Yeswantha Rao, Advocate. For the Respondents:Mr.K.V.Jayaprakash Narayanan, Govt. Advocate (Crl.Side).

Judgment :-

Heard.

2. These appeals are directed against the judgment of conviction and sentence dated 8.3.1995 made in S.C.No.32 of 1994 on the file of the learned Assistant Sessions Judge, Arani. Criminal Appeal No.390 of 1995 is preferred by the fourth accused and Criminal Appeal No.418 of 1995 is preferred by accused 1 to 3 in the said Sessions Case No.32 of 1994. Since both the appeals arise from the same judgment dated 8.3.1995 made in S.C.No.32 of 1994, they were heard and disposed of together.

3.1. The case of the prosecution as unfolded by the evidence of one Thiru.Thangavelu (P.W.1) and Thiru.Balaraman (P.W.2), who are working as Conductor and Driver, respectively, of a bus bearing Registration No.PY-01 9798 plying between Pondicherry and Thirupathi, operated by Pondicherry Tourist Development Corporation, is stated, in brief, as follows:

3.2. The bus bearing Registration No.PY-01 9798 owned by Pondicherry Tourist Development Corporation while plying between Thirupathi and Pondicherry was returning from Thirupathi to Pondicherry on the night of 20.1.1994. It reached Vandavasi at about 1.45 a.m. on 21.1.1994. After a break of 10 minutes for tea at Vandavasi, it proceeded to
























































































































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