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2021 Supreme(Mad) 2568

V.BHARATHIDASAN, J.NISHA BANU
State Rep. by The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli (Crime No. 203 of 2008) – Appellant
Versus
Vasanthat Kumar @ Ganesan – Respondent


Advocate Appeared:
Hassan Mohammed Jinnah, Assisted by RMS. Sethuraman, Standing Counsel, A. Thiruvadi Kumar, Legal Aid Counsel, G. Karuppasamy Pandian, R. Vinoth Bharathi, Advocates.

JUDGMENT :

(Prayer: Referred Trial under Section 366 of the Code of Criminal Procedure on the judgment of the learned Sessions Judge, Mahila Court, Tirunelveli in S.C.No.555 of 2015 dated 12.02.2020.

Criminal Appeals filed under Section 374(2) of the Code of Criminal Procedure against the judgment of the learned Sessions Judge, Mahila Court, Tirunelveli in S.C.No.555 of 2015 dated 12.02.2020.)

1. The reference in R.T.(MD) No.1 of 2020, is made by the learned Additional District and Sessions Judge, Mahila Court, Tirunelveli, under Section 366 Cr.P.C., seeking confirmation of capital punishment imposed on A3 and A4/respondents. Crl.A.(MD) Nos.319 and 323 of 2021 have been filed by A3 and A4, respectively, challenging the conviction and sentence imposed on them, both the matters are heard together and disposed of by this common judgment.

2. Totally there are six accused in this case. A1 to A4 stood charged for the offences under Sections 449, 376, 302 and 397 I.P.C., while A5 stood charged for the offence under Section 212 I.P.C. and A6 stood charged for the offences under Sections 411 and 201 I.P.C. The trial Court, while acquitting the other accused against the respective charges framed

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