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2006 Supreme(Mad) 3201

K.N.BASHA, PRABHA SRIDEVAN
Irul – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
A. P. Muthupandam, for Appellant; P. N. Pendidurai, Addl. Public Prosecutor, for Respondent.

JUDGEMENT

K. N. BASHA, J. :- The sole accused, Irul, has come forward with this appeal challenging his conviction and sentence passed by the learned Second Additional Sessions Judge, Madurai, in S.C. No. 362 of 2000, dated 8-1-2002 convicting him under S. 302, I.P.C. and sentencing him to undergo life imprisonment and also imposing a fine of Rs. 100/-, in default, to undergo two weeks simple imprisonment and also convicting him under S. 341, I.P.C. and sentencing him to undergo two weeks simple imprisonment.

2. The facts of the case, as unfolded by the prosecution witnesses, are as follows :

(i) P.W. 1 is the mother of the deceased. P.W. 2 is the brother of the deceased. P.W. 4 is the employer of the accused and the deceased, as both of them were working as loadmen under his lorry service.

(ii) On the date of occurrence, i.e. on 9-11-1999 in the evening there was a quarrel between the accused and the deceased as the deceased requested the accused to get his weekly wages and keep the same with him and when the deceased demanded the return of that amount from the accused which resulted in a wordy quarrel between them. This incident happened at 5.30 p.m. The deceased returned to his house





























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