R.SUBBIAH, B.PUGALENDHI
I Additional District and Sessions Judge Court of Sessions, Tirunelveli – Appellant
Versus
Arumugam – Respondent
JUDGMENT :
R. Subbiah, J.
1. Referred Trial (MD) No. 2 of 2018 arise out of a reference made by the learned I Additional District and Sessions Judge, Tirunelveli, in terms of Section 366 of IPC, seeking confirmation of the death sentence awarded to the appellant/accused for the offence punishable under Section 302 of IPC in and by the judgment dated 19th March 2018 passed in S.C. No. 377 of 2017. Challenging the very same Judgment, the appellant/accused has filed Criminal Appeal (MD) No. 315 of 2018 to set aside the said Judgment of conviction and sentence imposed on him.
2. As the Referred Trial (MD) No. 2 of 2018 and Criminal Appeal (MD) No. 315 of 2018 arise out of the same Judgment dated 19.03.2018 passed by the learned I Additional District and Sessions Judge, Tirunelveli, both these cases are taken up for hearing together and disposed of by this common Judgment.
3. A conspicuous narration of the case of the prosecution in brief is required for disposal of these cases, which are succinctly delineated hereunder:-.
4. PW1 is the mother of Dharun Madhavan @ Damn Madhav (hereinafte
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