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2010 Supreme(Mad) 4295

M.SATHYANARAYANAN, M.CHOCKALINGAM
Sundar @ Sundarrajan – Appellant
Versus
State by: Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:A.N. Thambidurai, Advocate.
For the Respondent: P. Kumaresan, Public Prosecutor.

Judgment :

M. CHOCKALINGAM, J.

1. The Sessions Division, Mahila Court, Cuddalore, has sought for confirmation of the sentence of death penalty imposed in S.C.No.23 of 2010 whereby the appellant/A-1 who stood charged and on trial, found guilty under Sections 364(A), 302 and 201 of IPC and awarded death penalty along with a fine of Rs.1000/- each on the first two charges and also 7 years Rigorous Imprisonment along with a fine of Rs.1000/- on the third charge, in the referred trial, while the appellant/A-1 has sought for setting aside the said judgment of conviction and sentence.

2. Thecase of the prosecution can be stated thus:

(a) P.W.1 is the mother of the deceased child Suresh, aged 7. She was living in Karkudal Village within the jurisdiction of the respondent police. Her husband was in the foreign parts. The child was doing his II Standard at Sakthi Matricualtion School at Vridhachalam. The child used to leave for school every morning at about 8.00 A.M. and come back in the afternoon at about 4.30 P.M. On the date of occurrence that was on 27.7.2009, as usual the child returned from the school by a van which was meant for the purpose of the students, and got down at Karkudal alo





























































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