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2009 Supreme(Mad) 5004

V.PERIYA KARUPPIAH, M.CHOCKALINGAM
Sivashankar – Appellant
Versus
The State by Inspector of Police, Salem District – Respondent


Advocates Appeared:
For the Appellants:R. Nalliappan, B. Vasudevan, S. Karthikeyan, Advocates.
For Respondent: Babu Muthu Meeran, A.P.P.

Judgment :-

M. Chockalingam, J.

This judgment shall govern these two appeals, namely, Crl.Appeal No.639 of 2009 at the instance of A-1 and A-2 and Crl.Appeal No.688 of 2009 at the instance of A-3.

2. Both the appeals challenge a judgment of the Additional Sessions Division (Fast Track Court No.II), Salem, made in S.C.No.21 of 2009, whereby the appellants as A-1 to A-3 stood charged, tried and found guilty as follows:

The sentences imposed on the respective accused were ordered to run concurrently.

3. Short facts necessary for the disposal of both the appeals can be stated thus:

(a) P.W.1 is a resident of Senai Nagar, Veeranam. On 17.02.2008 at about 7.00 AM, he went to his farm house for irrigating his lands and he found a white colour gunny bag floating in the well. Entertaining suspicion, immediately, he went to Veeranam Police Station and lodged Ex.P-1 complaint.

(b) P.W.20, the Sub Inspector of Police, who was on duty at that time, on the strength of Ex.P-1, registered a case in Crime No.88 of 2008 under sections 302 and 201 IPC. Printed first information report Ex.P-21 was despatched to the Court.

(c) On receipt of the copy of the said first information report, P.W.26, the Cir




























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