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2003 Supreme(Mad) 195

M.KARPAGAVINAYAGAM, A.K.RAJAN
Madasamy & Others – Appellant
Versus
State – Respondent


Advocates Appeared:For the Petitioner:Mr.R.S.Ramanathan, Mr.A.Vivek, Advocate. For the Respondents: Mr.E.Raja, Addl. Public Prosecutor.

Judgment :-

M.KARPAGAVINAYAGAM, J.

The appellants are the accused 1 to 4 in S.C.No.468 of 1997 on the file of the I Additional Sessions Judge, Tirunelveli. In and by a judgment dated 28-10-1999 in the aforesaid sessions case, accused 1 to 3 were convicted for the offences under Sections 120-B, 302 read with 34 and 323 I.P.C. and the fourth accused was convicted for the offences under Sections 120-B, 302 read with 34, 323 read with 34 and 364 I.P.C. and they were sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- each, in default to undergo rigorous imprisonment for one year. Challenging the said conviction and sentence, the above appeal has been filed by all the accused.

2.The case of the prosecution in brief is as follows:

"(a) The deceased Chokku @ Muniyandi had given a loan of Rs.1000/- to the first accused. When the deceased demanded for repayment of the said loan amount, the first accused refused to make the payment. Therefore, quarrel ensued between them and in that process, the deceased beat the first accused. On being beaten, the first accused warned the deceased that he would take revenge. In order to accomplish the task of revenge on the deceased, the fir
































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