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2015 Supreme(Mad) 3441

S.NAGAMUTHU, V.S.RAVI
I. Manikandan – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Mohideen Basha
For the Respondents: C. Ramar, Additional Public Prosecutor

JUDGMENT :

S. Nagamuthu, J.

1. The appellant is the sole accused in S.C. No. 104 of 2006, on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. He stood charged for the offences punishable under Sections 341 and 302 of the Indian Penal Code. By Judgment dated 05.10.2010, the Trial Court has convicted the accused, as detailed below:

Convicted under Sections

Sentence imposed

Fine Amount

 

341 IPC

To undergo simple imprisonment for one month.

 

320 IPC

To undergo imprisonment for life

Rs.3,000/- in default to undergo simple imprisonment for three months.

The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellant has come up with this Criminal Appeal.

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

"(i) The deceased, in this case, was one Mr. Radhakumar. P.W. 1 is his brother-in-law. It is alleged that the deceased had borrowed money from the accused and he did not repay the same. This resulted in a quarrel between them one year before the occurrence. It is alleged that the



































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