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2006 Supreme(Mad) 122

S.K.KRISHNAN, A.KULASEKARAN
Velusamy and others – Appellant
Versus
State, represented by Inspector of Police, Oomatchikulam Police Station, Madurai – Respondent


Advocates:
A.Balaguru, for A-1,
Lajapathi Roy, for A-2,
K.Srinivasan, for A-3 for Amicus Curiae. K.Radhakrishnan, Additional Public Prosecutor for Respondent.

JUDGMENT

A.Kulasekaran, J.

The appellants are accused 1 to 3 in S.C.No.315 of 2000 on the file of First Additional Sessions Judge-cum-Chief Judicial Magistrate, Madurai, they were convicted under Section302, IPC read with Section 34, IPC (two counts) and sentenced to undergo imprisonment for life on each count and also convicted under Section380 read with Section 34, IPC, and sentenced to undergo three years rigorous imprisonment, however, both the sentences were ordered to run concurrently, which is challenged in this appeal.

2. It is necessary to mention here that one Kathiravan also allegedly joined the appellants herein in committing the said offences, since he was absconding, the case against him was split-up and the trial Court proceeded against the appellants herein. For the sake of convenience, the appellants shall hereafter be referred to as A1, A2 and A3 respectively as arrayed by the trial Court.

3. The case of the prosecution, which are necessary for disposal of this appeal are as follows:

PW1 is the sister of the first deceased Inbajothi Kalamani. The second deceased Evergreen Felicity is the daughter of first deceased. PWs3 and 4 are related to the first deceased. The hu













































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