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2017 Supreme(Mad) 1699

M.M.SUNDRESH, N.SATHISH KUMAR
Kali @ Kalidoss @ Kalirajan – Appellant
Versus
State rep by its, The Inspector of Police, Kezhavalavu Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr. R. Boomirajan
For the Respondent: Mr. K.S. Duraipandian, Additional Public Prosecutor

JUDGMENT :

N.SATHISH KUMAR, J.

Aggrieved over the judgment of the VI Additional District and Sessions Judge, Madurai, dated 11.01.2016, in S.C.No.282 of 2013, the present appeal has been filed. The Trial Court convicted the appellant/accused for the offences punishable under Sections 302 and 341 IPC and sentenced to undergo life imprisonment and imposed fine of Rs.1,000/-, in default, 6 months simple Imprisonment for the offence under Section 302 IPC and imposed fine of Rs.300/-, in default, 2 months Simple Imprisonment for the offence under Section 341 IPC.

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

The accused and the deceased are the resident of Keezhavalavu village at Melur. PW1 is the wife of the deceased and PW4 is the son of PW1 and the deceased. Two days prior to 20.12.2011, the accused cattle grazed the deceased paddy, which was objected by the deceased. Agitated over the same, on 20.12.2011, while the deceased was in his field, the accused hit the deceased on his chest and face repeatedly with MO1/Axe. PW1/wife of the deceased, PW2 and PW3 were eye witnesses to the occurrence. The deceased succumbed to injuries.

(ii) PW1 and PW4 immediately rushed to the police stati
































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