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2019 Supreme(Mad) 2331

S.VAIDYANATHAN, N.ANAND VENKATESH
Murthy @ Pooniyamurthy – Appellant
Versus
State represented by the Inspector of Police, Mathur Police Station, Pudukottai – Respondent


Advocates Appeared:
For the Appellants :V. Gopinath, Senior Counsel, L. Mahendran, P. Ganapathi Subramanian, Advocates.
For the Respondent:S. Chandrasekar, Additional Public Prosecutor, A. Thiruvadikumar, Advocate.

JUDGMENT :.

S. Vaidyanathan, N. Anand Venkatesh, JJ.

Prayer: Appeals are filed under Section 374(2) of the Code of Criminal Procedure, against the Judgment, dated 12.12.2017, passed in S.C.No.2 of 2016 by the learned Additional District and Sessions Judge (Presiding Officer, Special Court for E.C and NDPS Act Cases), Pudukkottai, and to acquit the appellants herein.

1. These Criminal Appeals have been filed by the appellants (A1 to A4), aggrieved by the Judgment passed by the learned Additional District and Sessions Judge (Presiding Officer, Special Court for E.C and NDPS Act Cases), Pudukkottai, dated 12.12.2017, made in S.C.No.2 of 2016, wherein the appellants were convicted for an offence under Section 120 (b) r/w 302 and 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs.2000/- each, and in default, to undergo three months Simple Imprisonment.

2. The case of the prosecution is that A1 and A2 are brothers and A3 is the relative of A1 and A2. A4 is the friend of A1 and A2. The deceased persons are the sons of one E.Durairaj and they are brothers.

3. The prosecution is alleging civil dispute, illegal sand mining (which is said to have been informed to the rev

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