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2000 Supreme(Mad) 1273

P.D.DINAKARAN, S.ASHOK KUMAR
Bose – Appellant
Versus
State, rep. by Inspector of Police, Salaikiramam P. S. , – Respondent


Appearing Advocates: For The Appellant :M.P. Rajan (Amicus curiae)Advocate. For The Respondent: K. Radhakrishnan, Additional Public Prosecutor.

Judgment :-

S. Ashok Kumar, J.

The appellant is the sole accused in Sessions Case No.82 of 2000 on the file of Principal Sessions Judge, Sivagangai. He was tried for the offences punishable under Sections 449, 302, 324, 324 and 352 I.P.C. After trial the trial court found him guilty and convicted him under Sections 449 302, 324 (two counts) and 352 I.P.C. and sentenced to undergo imprisonment as stated below:

(i) Under Section 449 IPC - 3 years rigorous imprisonment and to pay a fine of Rs.500/-, in default to undergo three months rigorous imprisonment.

(ii) Under Section 302 IPC - Life imprisonment and to pay a fine of Rs.5000/-, in default to undergo one year rigorous imprisonment.

(iii) Under Section 324 IPC(two counts) - One year rigorous imprisonment for each count and to pay a fine of Rs.500/-, in default to undergo three months rigorous imprisonment.

(iv) Under Section 352 IPC - Fine of Rs.250/-, in default to undergo one month simple imprisonment.

The trial court also directed the sentences to run concurrently. Aggrieved over the said conviction and sentence, the accused has preferred this appeal.

2. The brief facts of the prosecution case are as follows.

(a)The deceased in the cas


























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