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2012 Supreme(Mad) 4630

M.JAICHANDREN, S.NAGAMUTHU
Ganesan, Virudhunagar District – Appellant
Versus
State, Rep by Inspector of Police, Virudhunagar District – Respondent


Advocates Appeared:
For the Appellant:G. Marimuthu, Advocate.
For the Respondent: K.S. Duraipandian, Additional Public Prosecutor.

Judgment :-

S. NAGAMUTHU, J.

1. The appellant is the first accused in S.C.No.186 of 2008 on the file of the Principal Sessions Judge, Virudhunagar District at Srivilliputhur. The second accused in the said case is one Mr. Sivaraja. During the trial of the case, it was found that the second accused was a juvenile, as on the date of commission of the offence. Therefore, the trial Court had separated the case against A2 and forwarded the same to the Juvenile Justice Board for enquiry under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. Thus, ultimately, it was this appellant, who alone faced the complete trial. Finally, the trial Court by judgment dated 30.11.2010 convicted him under Sections 341, 302 and 326 IPC and sentenced him to undergo imprisonment for life for the offence under Section 302 IPC (no fine was imposed); to undergo a simple imprisonment for one month for the offence under Section 341 IPC and to undergo rigorous imprisonment for three years and to pay a fine of Rs.3,000/-, in default, to undergo rigorous imprisonment for nine months for the offence under Section 326 IPC. The sentences have been ordered to run concurrently. Challenging































































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