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2009 Supreme(Mad) 4956

V.PERIYA KARUPPIAH, M.CHOCKALINGAM
Prakash @ Jayaprakash – Appellant
Versus
State by: Inspector of Police, Erode North Police Station, Erode. – Respondent


Advocates appeared:
For the Appellant:A.K. Kumaraswamy, Advocate. For the Respondent: Babu Muthu Meeran, Addl.P.P.

Judgment :-

M. Chockalingam, J.

Challenge is made to the judgment of the learned Additional District and Sessions Division, Fast Track Court No.1,Erode, made in S.C.No.222 of 2008 whereby the appellant ranked as A2 along with the other accused ranked as A1 stood charged, tried and found guilty under sections 364, 379, 302 r/w 34 and 201 I.P.C. and were awarded 10 years rigorous imprisonment, 3 years rigorous imprisonment, life imprisonment and 3 years rigorous imprisonment respectively. The sentences are ordered to run concurrently. Aggrieved over the said judgment, A2 has preferred this appeal.

2. Theshort facts necessary for the disposal of this appeal can be stated thus:

(a) The deceased Iyer @ Rajagopal was doing a real estate business. P.W.2 was employed in the wine shop where the deceased used to consume liquor. A1 and A2 were employed for construction activities by the deceased. A1 and A2 also used to have liquor along with the deceased in that wine shop. The deceased used to pay not only for himself but also for others who consume liquor with him. In that process, A1 and A2 met him often and hence, P.W.2 was acquainted with A1, A2 and the deceased. On 14. 2008 at about 7.00













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