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2009 Supreme(Mad) 4492

P.R.SHIVAKUMAR
Selvam – Appellant
Versus
STATE Rep. By the Inspector of Police Arani Town Police Station – Respondent


Advocates Appeared:
For the Appellant:L. Mahendran, Advocate.
For the Respondent:R. Muniapparaj, Govt. Advocate (Crl. Side).

Judgment :-

The appellant, who figured as accused No.2 in S.C.No.164/2001 on the file of the Additional Sessions Judge cum Chief Judicial Magistrate, Thiruvannamalai was prosecuted along with two other persons, namely Saravanan (A1) and Palani (A3) for alleged offences punishable under Sections 364, 382, 302 and 468 IPC. At the conclusion of trial, the trial court found A1 and A3 not guilty of any one of the offences with which they stood charged and acquitted them completely. However, the trial court found the appellant (A2) guilty of an offence punishable under Section 411 IPC, a lesser offence than the one under section 382 IPC with which he stood charged as per charge No.1 and of an offence punishable under section 468 IPC for which he stood charged as per charge No.3 and sentenced him to undergo rigorous imprisonment for two years for the offence under Section 411 IPC and rigorous imprisonment for five years and to pay a fine of Rs.30,000/- for the offence under Section 468 IPC with a default sentence of one year rigorous imprisonment in case of default in payment of fine. The learned trial judge also directed collection of the fine amount and payment of the same to P.W.1 as co












































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