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2001 Supreme(Mad) 590

A.S.VENKATACHALA MOORTHY
S. Selvaraj – Appellant
Versus
State, by Inspector of Police, Nadukavery Police Station, Thanjavur – Respondent


Advocates Appeared:
P.Venkatasubramanian, for Appellant.
C.M.Gunasekaran, Government Advocate for Respondent.

JUDGMENT

Venkatachalamoorthy J : -

The appellant/accused was tried for charges under Secs.302, 201 and 392, I.P.C. by the learned Sessions Judge, West Tanjore in S.C.No.67 of 1992. The trial court found the accused guilty under Sec.302 I.P.C. and sentenced him to undergo life imprisonment. The accused was also found guilty under Secs.201 and 392, I.P.C. and sentenced to undergo rigorous imprisonment for 2 years and 5 years respectively. Being aggrieved by the verdict of the lower court, the accused has preferred the above appeal.

2. The prosecution in its endeavour to bring home the guilt of the accused examined P.Ws.-1 to 15, marked Exs.P-1 to P-19 and produced M.O.s-1 to 16.

3. The case of the prosecution is as follows: P.W-1 is the son of the deceased. P.W-1, the deceased and the younger sister of P.W-1 were all residing together in the village called Thirupanthuruthi.

About two years prior to the occurrence, P.W-1 was approached by his friend P.W-3 for some financial assistance by way of loan. Since P.W-1 had no funds with him, he offered to help P.W-3 by providing some jewels so that P.W-3 could pledge the same in a Bank and get money. P.W-3 got the jewels from P.W-1 and with the
































































































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