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2009 Supreme(Mad) 5335

M.CHOCKALINGAM, V.PERIYA KARUPPIAH
Rajendran – Appellant
Versus
State by Inspector of Police Attur Police Station – Respondent


Advocates appeared:
For the Appellant:M.G. Sankaran, Advocate.
For the Respondent: Babu Muthu Meeran, Additional Public Prosecutor.

Judgment

M. CHOCKALILNGAM, J.

This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.I, Salem, made in S.C.No.169 of 2008 whereby the sole accused/appellant stood charged under Sections 302 and 201 read with 109 of IPC, tried, found guilty as per the charges and awarded life imprisonment along with a fine of Rs.10000/-and default sentence under Sec.302 IPC and 7 years Rigorous Imprisonment along with a fine of Rs.7000/- and default sentence under Sec.201 read with 109 IPC.

2. Short facts necessary for the disposal of this appeal can be stated as follows:

(a) P.W.1 is the wife of the deceased Thoppalan. The marriage between them took place 15 years before, and they were living happily. The deceased was not only doing coolie work, but also indulging in business activities with the accused in the sales of pigs and goats. On that count, the accused was to pay Rs.8000/-to the deceased and for a longtime, demands were made, but he was not making the payment.

(b) On the date of occurrence i.e., 25. 2005, the deceased accompanied by P.Ws.1 and 2 went to the place of the accused and was making demand. At that time, the accused not only refused to pay the













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