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2009 Supreme(Mad) 270

M.VENUGOPAL, M.CHOCKALINGAM
Chennamurthy – Appellant
Versus
State rep. By Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:V. Gopinath Senior Counsel for L. Mahendran, Advocate.
For the Respondent:P. Kumaresan Additional Public Prosecutor, Advocate.

Judgment :-

M. Chockalingam, J.

This appeal challenges a judgment of the Sessions Division, Tiruvannamalai, made in S.C.No.124 of 2006 whereby the appellant/A-1 stood charged under Sections 377, 302 and 201 of IPC along with another shown as A-2, and on trial, A-1 was found guilty under Sections 302 and 201 of IPC and awarded life imprisonment along with a fine of Rs.15000/- and default sentence and one year Rigorous Imprisonment along with a fine of Rs.5000/- and default sentence respectively and acquitted of the charge under Sec.377 of IPC. A-2 was acquitted of the charge levelled against him.

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

(a) P.W.1 is the Correspondent of St. Joseph Higher Secondary School in which P.W.2 was the Chief Warden of the Hostel, and A-1, A-2, Nimilan, Illango and Babu were Sub Wardens. The deceased Saravanan was a student studying VI Standard and also staying in the hostel run by Mercy Home at the time of occurrence. P.W.3 was studying VII Standard, and P.W.4 was studying VIII Standard. They were also residing in the very same hostel. After taking dinner on 12. 2005 at about 8.15 P.M., the deceased went out of the




















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