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2016 Supreme(Mad) 1696

S.NAGAMUTHU, V.BHARATHIDASAN
Selvam @ Selvaraj – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Appellant : Mr. G.M. Ramasubramanian
For the Respondent: Mr. M. Maharaja

JUDGMENT :

S. Nagamuthu, J.

The appellant is the first accused in S.C. No. 124 of 2013 on the file of the learned I Additional District Sessions Judge, Tindivanam. His wife Mrs. Parvathi is the second accused in the case. The first accused stood charged for the offences under Sections 294(b) and 302 IPC and the second accused stood charged for the offences under Sections 294(b) and 302 r/w 34 IPC. The Trial Court acquitted the second accused and convicted the appellant under Section 302 IPC alone and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for 6 months. The Trial Court acquitted the appellant from the charge under Section 294(b) IPC and acquitted the second accused from all the charges. Challenging the conviction and sentence imposed, the appellant is before this Court with this appeal.

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

The deceased is none other than the brother of the appellant herein. For quite sometime, they were in inimical terms. On 01.07.2012 at about 2.00 p.m., the daughter of the deceased and the daughter of the accused were playing in front of the house of the deceased. Whi



































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