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2014 Supreme(Mad) 3497

P.R.SHIVAKUMAR
Kaliyammal – Appellant
Versus
State represented by, The Inspector of Police, Theni – Respondent


Advocates Appeared:
For the Appellants:A.K. Azagarsami, Advocate.
For the Respondent: T. Mohan, Additional Public Prosecutor.

Judgment

1. The accused Nos.1 and 2 in S.C.No.34 of 2006 decided by the Principal Sessions Judge, Theni were prosecuted in the said case for offences punishable under Sections 323 IPC and 306 IPC. At the conclusion of trial, the learned Principal Sessions Judge held them guilty of both the offences, convicted them for both the offences and sentenced them to undergo four years rigorous imprisonment and to pay a fine of Rs.1,000/-with a default sentence of six months simple imprisonment for the offence punishable under Section 306 IPC and imposed a fine of Rs.500/- with a default of sentence of three months simple imprisonment, without any substantive punishment for the offence punishable under Section 323 IPC.

2. The judgment of the learned Principal District and Sessions Judge, Theni dated 26.04.2007 is challenged by the appellants/accused in this criminal appeal both in respect of conviction and sentence.

3. The case of the prosecution, in brief, is as follows:-

The second appellant/2nd accused-Mariyammal is the daughter of the 1st appellant/first accused-Kaliyammal. They are residing in Goodshed Street, Theni. There was a previous enmity between the appellants/accused on the one


















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