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2003 Supreme(Mad) 923

N.DHINAKAR, T.V.MASILAMANI
Rajesh Babu alias Rajesh alias Rajeshkumar alias Babu – Appellant
Versus
State rep. by Inspector of Police – Respondent


Advocates Appeared:For the Petitioner:Mr.S.Anbalagan, Advocate for Mr.K.J.Nithianandam. For the Respondents: Mr.S. Jayakumar Additional Public Prosecutor.

Judgment :-

N. DHINAKAR, J

The first accused in S.C.No. 164 of 1999 on the file of the learned I Additional Sessions Judge -cum- Chief Judicial Magistrate, Tiruchirapalli, is the appellant. He was tried along with Renganathan, who was arrayed as "A.2". In the judgment, the appellant and the said Renganathan, who has not chosen to prefer an appeal and who was tried as A.2 before the learned Sessions judge, will be referred to as "A.1 and A.2" respectively for the sake of convenience.

2. The allegation against A.1 (appellant) and A.2 is that they trespassed into the house of Muthusamy Guptha, who hereinafter will be referred to as "D.1" and Jayalakshmi, who hereinafter will be referred to as "D.2", on the night of 27.10.1998 and that A.1 caused the death of D.2, his grandmother, while A.2 caused the death of D.1, who is the husband of D.2, by inflicting injuries upon them and that after the death of D.1 and D.2, removed the gold ornaments, M.Os.1 to 6, which were in their possession.

3. The learned Sessions Judge, finding both the accused guilty under Section 449 IPC., sentenced each one of them to rigorous imprisonment for seven years and also directed each one of them to pay a fine o






































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