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2007 Supreme(Mad) 3917

S.ASHOK KUMAR
M. Nallathambi – Appellant
Versus
The State rep. by the Inspector of Police, Anna Nagar Police Station, Madurai – Respondent


Advocates Appeared:
For the Appellants :S. Ashok Kumar, S.C., for P. Natarajan, Shanmugavelayutham, S.C., for A. Thiruvadi Kumar, Sankarasubbu, S.C., for T. Muruganathan, A. Jayaramachandran, N. Anantha Padmanabhan, Elango, Advocates.
For the Respondent: Kasinathan, Addl. Public Prosecutor.

Judgment :-

The above Criminal Appeals are filed by the appellants/accused Nos:1,3,4,6,7,10 and 11 as against the common judgment rendered in S.C.No:87 of 1989, dated 28.10.2004 by the learned Additional District and Sessions Judge, (FTC. No.1) Madurai and to set aside the conviction of the accused 1,3,4,10 and 11 under Section 412 IPC and sentence imposed upon them to undergo 10 years R.I., each and fine of Rs.5,000/= and in default to undergo 6 months R.I.; and conviction under Section 414 IPC and sentence imposed upon them to undergo 2 years R.I., and to pay a fine of Rs.1000/= in default to undergo 3 months R.I.; and conviction of accused 6 and 7 under Section 452 IPC and sentence imposed upon them to undergo 2 years R.I., each and to pay a fine of Rs.1,000/=, in default to undergo 3 months R.I.; and conviction under Section 395 r/w.397 IPC and sentence imposed upon them to undergo R.I., for 10 years each and to pay a fine of Rs.5000/=, in default to undergo 6 months R.I., each.

2. The brief facts of the prosecution case is as follows:-

The accused 1 to 15 along with other absconding accused, who are the supporters of L.T.T.E., in Sri Lanka, for the purpose of helping the said
























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