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2021 Supreme(Mad) 1921

P.N.PRAKASH, R.N.MANJULA
Vijay Pratap Singh – Appellant
Versus
State represented by the Inspector of Police, Kalpakkam Police Station, Kanchipuram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :C.R. Malarvannan, Advocate
For the Respondent:M. Babu Muthu Meeran, Additional Public Prosecutor, Sharath Chandran, Advocate, Rajnish Pathiyil

JUDGMENT :

P.N. Prakash, J.

(Prayer: Criminal Appeal filed u/s. 374(2) of the Code of Criminal Procedure against the judgment and order dated 09.04.2018 passed in S.C.No.242 of 2015 on the file of learned Additional District and Sessions Judge, Chengalpet.)

1. This criminal appeal arises out of a judgment and order of conviction and sentence dated 09.04.2018 passed by the learned Additional District and Sessions Judge, Chengalpet, in S.C. No.242 of 2015.

2. The prosecution story runs thus:

2.1 The appellant was working as a Head Constable in the Central Industrial Security Force (for brevity “the CISF”) and was posted in the Kalpakkam Atomic Power Plant during October 2014. On 08.10.2014, around 4.00 a.m., he reported to duty, collected his weapons, viz., a 9 mm. carbine sub-machine gun (MO-1), 2 magazines and 60 numbers of 9 mm. bullets from the armoury and was supposed to board the CISF bus for getting dropped at the duty point. Around 4.50 a.m., the CISF personnel who were changing shifts, heard a noise followed by sudden sounds of firing in the barracks which was in the first floor. Almost immediately, they saw the appellant coming down the staircase with his weapon. Before anyone

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