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2018 Supreme(Mad) 55

M.V.MURALIDARAN
State rep. by, The Deputy Superintendent of Police, Madhavaram Sub Division – Appellant
Versus
Kasturi – Respondent


Advocates Appeared:
For the Appearing Parties :J. Karuppiah, Additional Public Prosecutor, A. Ilangovan for C. Samuel, (Legal Aid counsel), M/s. DR. R. Sampathkumar, L. Mahendran, K. Selvaraj, Advocates.

JUDGMENT :

1. The instant appeal is preferred by the State of Tamil Nadu through the Deputy Superintendent of Police, Madhavaram Sub-division as against the judgment of acquittal passed in Sessions Case No.126 of 2006 on the file of the Additional District and Sessions Judge (Fast Tract Court No.IV), Ponneri.

2. In the instant case originally 21 persons were arrayed as Accused and at the time of framing the charge, the 4th and 21st Accused were died. However, as far as the Accused No.1 to 3 and 5 to 8 were charged for the offence under sections 304(2) of IPC (35 counts) and 4(ii) of Poison Act, 1990 r/w 4 of Tamil Nadu Poison Rules were framed. Further, as against the Accused No.1 to 3 and 5 to 8 charge under section 328 of IPC (53 counts) and 4 of Poison Act, 1990 r/w 4 of Tamil Nadu Poison Rules were also framed. As against the Accused No.9 to 14 charge under section 304(2), 328, r/w 109 of IPC section 4(2) of Poison Act, 1990 r/w 4 of Tamil Nadu Poison Rules. As against the Accused Nos.15 to 20 charge under section 304(2) and 328, r/w 109 of IPC were framed and as against the Accused No.15 to 20 charge under section 213 r/w 34 of IPC was framed. All the Accused denied the charges









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