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2019 Supreme(Mad) 1430

P.N.PRAKASH
Biyaskan – Appellant
Versus
State Rep. by the Inspector of Police, Kuniyamuthur Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Nathiya for Pugalenthi, R. Md. Nasurullah, K.V. Shanmuganathan.
For the Respondent: P. Kritika Kamal.

JUDGMENT :

P.N. PRAKASH, J.

Prayer: Criminal Appeals filed under Section 374 Cr.P.C. against the judgment dated 26.08.2011 in S.C. No. 26 of 2011 on the file of the Additional District and Sessions Court (Fast Track Court No. 1), Coimbatore.

1. These criminal appeals have been preferred seeking to set aside the conviction made by the judgment dated 26.08.2011 in S.C. No. 26 of 2011 on the file of the Additional District and Sessions Court (Fast Track Court No. 1), Coimbatore.

2. The brief facts leading to the filing of these criminal appeals are as under:

2.1 It is the case of the prosecution that on 16.05.2006, around 3.00 a.m. Sundharam (PW-1), Sub-Inspector of Police and Ayyasami (PW-2), Head Constable of Police, both attached to B14, Kuniyamuthur Police Station, were conducting a regular vehicle check along with other police personnel in the Coimbatore Palakkad Highway; at that time, they saw a Tempo Van proceeding towards Palakkad and signalled Vijayakumar (A1), the Tempo Van driver to stop; Vijayakumar (A1), instead of stopping the vehicle, raised the speed of the vehicle and tried to mow down the police; the policemen ran for cover and escaped death by a whisker. However, the pol

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