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2016 Supreme(Mad) 4100

S.NAGAMUTHU, V.BHARATHIDASAN
Kotti @ Kottiswaran – Appellant
Versus
State Rep. by the Inspector of Police Thiruvottiyur Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Muruganantham.
For the Respondent: Mr. M. Maharaja.

JUDGMENT :

S. NAGAMUTHU, J.

1. The appellant is the sole accused in S.C. No. 62 of 2011 on the file of the IV Additional District and Sessions Judge, Ponneri. He stood charged for offences under Sections 302 and 380 IPC. The Trial Court, by judgment dated 26.06.2012 convicted him under both the charges and sentenced him to undergo imprisonment for life (no fine is imposed) for offence under Section 302 IPC and to undergo rigorous imprisonment for two years for offence under Section 380 IPC (no fine is imposed). Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

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

The deceased in this case was one Mrs. Baby Ammal @ Subramaniya Baby Ammal, aged about 70 years. She was residing at No. 43/11, Gandhi Nagar Main Road, Thiruvottiyur, Chennai. PW-1 is the son of the deceased. On 02.08.2010, PW-1, had gone out in connection with some work leaving his mother alone in the house. It is alleged that around 3.00 p.m. on the same day, the accused, who was the former driver under PW-1, came to t




























































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