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2016 Supreme(Mad) 2680

R.SUBBIAH
M. Muruganandham – Appellant
Versus
State Inspector of Police – Respondent


Advocates Appeared:
For the Appellant : Mr. S. Silambu Selvan
For the Respondent: Mr. P. Govindarajan, Addl. P.P.

JUDGMENT :

This Criminal Appeal is filed against the judgment dated 27.10.2015 in S.C. No. 167 of 2014 on the file of the Third Additional District and Sessions Court, Coimbatore, by which, the appellant/accused was convicted for the offence under Section 304 (Part-1) IPC and sentenced to undergo rigorous imprisonment for five years with fine of Rs. 1,000/-, in default, to undergo rigorous imprisonment for two months.

2. The case of the prosecution leading to conviction of the appellant/accused, in brief, is as follows:

The appellant/accused/Muruganandham and the deceased Jayaseelan were labourers under P.W.1 who was a painting contractor. At the relevant point of time, the deceased and the accused frequently indulged in quarrel. The deceased and P.W.1 belong to the same native place, due to which, taking advantage of his close proximity with the employer (P.W.1), the deceased was commanding the other workers in the work-spot. On 20.12.2013, when they were working in a site at Avarampalayam, at about 11 a.m., there was confrontation between the deceased and accused with regard to picking up of a paint box and at that time, when the accused questioned the act of the deceased in not br













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