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2019 Supreme(Mad) 2042

V.K.TAHILRAMANI, G.R.SWAMINATHAN
Sathiyamoorthy – Appellant
Versus
State, through the Inspector of Police, Sengipatti Police Station, Thanjavur – Respondent


Advocates Appeared:
For the Appellants : Mr. M. Karunanithi.
For the Respondent: Mr. S. Chandrasekar, Additional Public Prosecutor.

JUDGMENT :

V.K. TAHILRAMANI, J.

PRAYER: Appeal is filed under Section 374(2) of the Code of Criminal Procedure against the Judgment dated 23.02.2017 made in S.C.No.122 of 2016, on the file of the learned Principal Sessions Judge, Thanjavur.

This appeal is directed by the appellants - original accused against the Judgment and order dated 23rd February 2017 passed by the learned Principal Sessions Judge, Thanjavur in Sessions Case No. 122 of 2016. By the said Judgment and order, the learned Principal Sessions Judge convicted the appellants under Section 302 IPC for causing death of Immanuel. For the said offence, the learned Principal Sessions Judge sentenced both the appellants to undergo life imprisonment and to pay a fine of Rs.5,000/-, each, in default to undergo rigorous imprisonment for a further period of one year.

2. The case of the prosecution, briefly stated, is as under:-

    2.1. The appellants are Van Drivers. Deceased - Immanuel was also a Van Driver. There was an enmity between the appellants and Immanuel in relation to hiring of van for lesser amount, hence, on the night of 04.09.2015, at about 10.30 p.m., both the appellants caused the death of Immanuel by assaulting him wit

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