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2016 Supreme(Mad) 3549

S.NAGAMUTHU, V.BHARATHIDASAN
Velan @ Velarasan – Appellant
Versus
State Rep. by the Inspector of Police, Marandahalli Circle – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. John Sathyan.
For the Respondent: Mr. M. Maharaja.

JUDGMENT :

S. Nagamuthu, J.

1. The appellant is the sole accused in S.C. No. 118 of 2010 on the file of the Principal Sessions Judge, Dharmapuri Division. He stood charged for offences under Sections 302 and 201 r/w 302 of IPC. The trial court, by judgment dated 28.11.2013, convicted the accused under Section 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for three months. The trial court, however, acquitted the accused from the charge under Section 201 r/w 302 of IPC. Challenging the above said conviction and sentence, the accused has come up with this criminal appeal.

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

The deceased in this case was one Mr. Chinnaramulu Naidu. He was a resident of Mallupatti Village. P.W.1 is his son. The accused is a close relative of the deceased. The accused is also a resident of the same village. The family of the deceased had coconut and mango trees in their Farm. Three days prior to the occurrence, when P.W.1 and the deceased were working in the farm, the accused came there and plucked coconuts from one of the coconut trees belonging to the deceased. On






























































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