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2010 Supreme(Mad) 1696

M.CHOCKALINGAM, C.S.KARNAN
Murugan @ Kari Murugan – Appellant
Versus
State Rep. By Inspector of Police, Namakkal – Respondent


Advocates Appeared:
For the Appellant:S. Sivakumar, Advocate.
For the Respondent: V.R. Balasubramanian, Public Prosecutor.

Judgment :-

M. Chockalingam, J.

This appeal challenges a judgment of the Additional Sessions Division, Namakkal, made in S.C.No.128 of 2002 whereby the appellant, who was shown as A-4, along with four other accused stood charged under Sections 394, 395 and 395 read with 397 of IPC, tried, found guilty under Sections 394 and 392 read with 397 of IPC and awarded life imprisonment along with a fine of Rs.1000/- and default sentence and 10 years Rigorous Imprisonment along with a fine of Rs.1000/- and default sentence respectively.

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

(a) P.Ws.1, 3 and 5 were employed in a petrol bunk belonging to Petrol Bunk Lorry and Trailer Owners and Drivers Association at Keerampur Village. On the date of occurrence i.e., 29.11.2000, P.Ws.1 and 4 were working as cashiers while P.W.3 was filling the tanker lorries with diesel. On 28.11.2000, the cash collected for the day was taken by P.W.6, the Supervisor. After 7.00 P.M., a sum of Rs.1,21,352/- was collected towards the sale of petrol and diesel, and it was kept in the bureau, and a sum of Rs.9000/- was kept in a drawer in the table. At about 4.30 A.M., when P.Ws.1, 3














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