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2020 Supreme(Mad) 490

B.PUGALENDHI
Balamurugan – Appellant
Versus
State represented by The Inspector of Police, Sivagangai District – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mohideen Basha, Advocate.
For the Respondent:A. Robinson, Government Advocate [Crl Side].

JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code to call for the records in S.C.No. 85 of 2011 dated 21.11.2014 on the file of the District and Sessions judge, Sivagangai, set aside the same, acquit the appellate/accused herein.)

The Criminal Appeal is filed by the sole accused in S.C.No.85 of 2011 on the file of the learned Sessions Judge, Sivagangai.

2. The Inspector of Police, Thirupachethi Police Station/respondent herein filed a final report as against this appellant on 21.10.2010 for the offence under Sections 341, 302 and 394 r/w 397 IPC. The trial Court has also framed charges for the said offences and in conclusion of the trial, found him not guilty for the offence under Section 394 r/w 397 IPC, but found him guilty for the offence under Section 341 and 304 (ii) IPC, convicted and sentenced him to undergo 5 years Rigorous imprisonment, with a fine of Rs.5000/- in default to undergo two months simple imprisonment for the offence under Section 304(ii) IPC and no separate sentence was imposed for the offence under Section 341 IPC.

3. T

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