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2011 Supreme(Mad) 14

M.CHOCKALINGAM, M.SATHYANARAYANAN
Manickam – Appellant
Versus
State, rep. by the Inspector of Police, Dharmapuri District – Respondent


Advocates Appeared:
For the Petitioner:R. John Sathyan, Advocate.
For the Respondent: V.R. Balasubramanian, Addl. Public Prosecutor.

JUDGMENT :-

M. CHOCKALINGAM, J.

1. This appeal challenges the judgment dated 20.10.2010 passed by the learned Principal Sessions Judge, Dharmapuri in S.C. No.04 of 2010, whereby the appellant shown as second accused stood charged, tried for the offences under Sections 147, 148, 302 and 201 read with 302 of the Indian Penal Code and accused 1, 3 to 5 stood charged, tried for the offences under Sections 147, 302 read with 149, and 201 read with 302 of the Indian Penal Code and found the second accused guilty as per the charge of murder and awarded punishment to undergo life imprisonment and to pay a fine of Rs.2,000/- in default to undergo Rigorous Imprisonment for three years and acquitted the second accused in respect of other charges and acquitted accused 1, 3, 4 and 5 in respect of all charges.

2. The short facts necessary for the disposal of the case can be stated thus:

(i) P.W.1 is the brother of the deceased. The third accused is the wife of first accused. The second accused is the father of third accused and also fifth accused. The fourth accused is the brother of third accused. A month or two prior to the occurrence, the deceased, who developed illicit intimacy with the third ac






















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