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1993 Supreme(Mad) 169

K.M.NATARAJAN, THANIKKACHALAM
Kuppusamy – Appellant
Versus
State – Respondent


Advocates:
P. Venkatasubramaniam, for Appellant. S.Shanmughavelayutham, Additional Public Prosecutor, for State.

Judgment :-

K.M.Natarajan, J.

The accused in S.C.No.72 of 1985 on the file of the Sessions Judge, Madurai North at Dindigul, has preferred this appeal challenging the legality and correctness of his conviction under Sec.302, I.P.C. and the sentence to suffer imprisonment for life and also under Sec323, I.P.C. (three counts) and the sentence to suffer rigorous imprisonment for six months under each count, all the sentences being directed to run concurrently. He was tried for the above two charges on the allegation that on 2. 1985 at about 2 p.m. at Bommananallur he caused the death of his father Karuppanna Gounder aged about 65 years by beating him with a cart peg on his head and left cheek and again after pushing him down stamped on his chest and neck as a result of which he later died at the Government Hospital on 2. 1985 at 11.30 a.m. and during the course of the same transaction, he beat P.Ws.1 to 3 with the same cart peg and caused simple injuries. To substantiate the above charges, the prosecution examined P.Ws.1 to 19, filed Exs.P-1 to P-19 and marked M.Os.l to 13.

2. The case of the prosecution as disclosed from the oral and documentary evidence can be briefly stated as foll























































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