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2010 Supreme(Mad) 4785

R.MALA
Ramesh – Appellant
Versus
State rep. by Inspector of Police Vishnu Kanchi Police Station Kancheepuram – Respondent


Advocates Appeared:
For the Appellant :R. Hariharan, Advocate.
For the Respondent:I. Paul Nobel Devakumar, Government Advocate (Criminal Side)

Judgment :-

1. This Criminal Appeal has arisen out of the judgment passed by the Additional District Sessions Judge, Fast Track Court, Kancheepuram, on 27.01.2003 in S.C. No.276 of 2002, acquitting the appellant/accused under Section 307 IPC and convicting the appellant/accused under Section 326 IPC and sentencing him to undergo three years rigorous imprisonment.

2. The case of the prosecution in a nut-shell is as follows:-

(i) On 20.12.2000 at 7.30 p.m., when PW1-Sankar/ Complainant was doing the weaving work in PW2-Rajis Handloom Weaving Unit, at Sekupettaisaliyar Street, at that time, the appellant/accused came there and called PW1. PW2-Raji, who is the owner of Handloom Weaving Unit came out of the house. The appellant/accused told him to call Ramesh. On being informed by PW2-Raji, PW1 came out of the house. On seeing him, the accused/appellant questioned him regarding, what did they ask in the Court and what had happened to the criminal case pending against PW1 before the Judicial Magistrate Court, Kancheepuram. PW1/Complainant intimated the fact that the case has been adjourned. Suddenly, the appellant/accused took the knife that was kept hidden in his right hand and assaulte


































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