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2016 Supreme(Mad) 741

P.DEVADASS
Boorasamy – Appellant
Versus
State represented by Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.S.Pushpakaran
For the Respondent: Mr.R.Govindaraj, Additional Public Prosecutor.

JUDGMENT :

A-2 and A-4 in the Sessions Case in S.C.No.321 of 2006 are the appellants. Totally there are 4 accused, namely, A-1 to A-4. Ultimately, A-3 was acquitted, however, A-1, A-2 and A-4 were convicted and sentenced as under:-

Accused Conviction Sentenc

Boorasamy (A-1) Section 323 IPC Rs.500/-, i/d 2 months S.I.

Ramu (A-2) Section 324 IPC (2 counts) 1 year R.I and fine Rs.500/-, i/d 3 months R.I for each count

Kumar (A-4) -do- -do

2. The convicted persons have preferred this appeal. Pending appeal, A-1 had passed away. The remaining accused are A-2 and A-4.

3. The case of the prosecution in brief runs as under:-

(i) PWs-3 and 4 are spouses. PWs-1 and 9 are their son and daughter. They and A-2 and A-4 belongs to Melapudhupettai village in Cuddalore District. Between both side, there is a pathway dispute. In this backdrop of the matter, on 10.7.2005, at about 8.30 p.m., near A-1's land, the occurrence took place. A-2 (Ramu) assaulted PW-1 on his head. A-4 (Kumar) also assaulted PW-1 with MO-2 knife on his left hand. When PW-3 came there, A-2 assaulted him on his right ear while A-4 (Kumar) assaulted him on his chest. PWs-4 and 9 stated to have sustained injury and PWs-5 and 6




















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