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2020 Supreme(Mad) 384

R.SUBBIAH, R.PONGIAPPAN
Lakshmanan – Appellant
Versus
State by the Inspector of Police, Cheyyur Police Station, Kancheepuram – Respondent


Advocates Appeared:
For the Appellant:R. Vijaya Kumar, Advocate. For the Respondent: M. Prabhavatrhi, Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 389 (1) of the Criminal Procedure Code against the Judgment dated 02.04.2018 passed in S.C. No. 226 of 2014 on the file of the Mahalir Neethimandram, Sessions Court, Chengalpattu.)

R. Subbiah, J.

1. The appellant herein is the sole accused in S.C. No. 226 of 2014 on the file of the Mahalir Neethimandram, Sessions Court, Chengalpattu. He stood convicted for the offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.10,000/- failing which to undergo six months simple imprisonment. Assailing the Judgment of conviction passed by the trial Court, the present Criminal Appeal is filed.

2. The case of the prosecution, as putforth before the trial court, is succinctly narrated hereunder.

3. The deceased in this case is Suseela, who is the wife of PW1. PW2 in this case is the brother of the deceased Suseela and brother-in-law of PW1. On 15.10.2013, at about 15.00 hours, just after finishing her lunch along with PW1 and PW2, the deceased engaged herself in cutting the grass near Nellikai Well adjacent to the land of one Kistappa Naicker. It is alleged that at that time, the accused demanded the de

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