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2021 Supreme(Mad) 2678

P.N.PRAKASH, R.HEMALATHA
Parameswari – Appellant
Versus
State through the Inspector of Police, Ramanatham Police Station, Cuddalore – Respondent


Advocates Appeared:
For the Appellant :P. Palanikumar, Advocate.
For the Respondent: M. Babu Muthumeeran, Additional Public Prosecutor.

JUDGMENT :

R. Hemalatha, J.

(Prayer: Criminal Appeal filed under Section 374 (2) of Criminal Procedure Code, 1973 praying to call for the records and set aside the judgment and conviction passed by the Hon’ble Sessions Judge, Mahila Court, Cuddalore, in S.C. No.24 of 2017 dated 13.07.2018.)

1. This appeal is against the judgment and order dated 13.07.2018, passed by the learned Sessions Judge, Mahila Court, Cuddalore, in S.C. No.24 of 2017, in and by which the accused was convicted for an offence under Section 302 IPC and sentenced to undergo life imprisonment and pay a fine of Rs.10,000/- and in default to pay the fine amount, to undergo Rigorous Imprisonment for 2 years.

2. The facts of the case as narrated by the prosecution flows in the following sequence.

    i. A male child, Nithish, aged 4 years, was found murdered in a bathroom situated in a secluded place and behind the house of his parents, Thiru. Murugesan (P.W.2) and Tmt. Sangeetha (not examined), with a slit neck and in a pool of blood, on 23.08.2016 in the evening. The deceased was their youngest son. They were residents of Chitheri Village, Veppur Taluk, Cuddalore District, and were working as agricultural labourers.

ii. On t

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