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2006 Supreme(Mad) 1951

S.ASHOK KUMAR
Raja – Appellant
Versus
State rep. by the Inspector of Police – Respondent


Appearing Advocates: For the Appellant:Shanmuga Velayutham, Advocate. For the Respondent:N.Kumanan, Govt. Advocate (Crl.Side).

Judgment :-

(Appeal suit filed under Section 374 Cr.P.C. against the order of conviction and sentence of 4 years of rigorous imprisonment for the offence under Section 307 I.P.C. passed in S.C.No.17 of 1999 dated 12.10.1999 on the file of the I Additional Sessions Judge, Chennai and to set aside the order of conviction.)

This appeal is preferred against the order of conviction convicting the appellant to undergo four years rigorous imprisonment for the offence under Section 307 I.P.C.

2. Brief facts of the case are as follows:

In connection with Crime No.713 of 1998 on the file of H3, Tondiarpet Police Station on 23.9.1998 at 7.30 P.M. P.W.1 and P.W.2 along with other constables went in search of the accused. At Avadana Ramaswamy Street Junction, they found the accused and tried to secure him. Immediately the accused took a knife from his waist, threatened them not to come closer him because he is a very bad person and aimed to attack P.W.1. When P.W.1 warded off with his right hand the blow fell on his right forearm and caused blood injury. P.W.2 hit the knife by his lathi and the knife fell down. Immediately the accused rushed to a petty shop, took soda and cool-drinks bottles and












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