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2022 Supreme(Mad) 19

S.VAIDYANATHAN, G.JAYACHANDRAN
Muthuvel – Appellant
Versus
State through The Inspector of Police, Ottapidaram Police Station, Thoothukudi District – Respondent


Advocates Appeared:
For the Appellant :R. Alagumani, Advocate.
For the Respondent: A. Thiruvadikumar, Additional Public Prosecutor.

JUDGMENT :

G. Jayachandran, J.

Prayer: Appeal filed under Section 374 of Cr.P.C., to call for entire records relating to the judgment in S.C.No.169 of 2011, dated 19.12.2012, on the file of the learned II Additional Sessions Judge, Fast Track Court No.I, Thoothukudi, and set aside the conviction and sentence imposed against the appellant.

This Criminal Appeal is directed against the judgment of conviction and sentence passed by the learned II Additional Sessions Judge, Fast Track Court No.I, Thoothukudi, in S.C.No.169 of 2011, vide judgment dated 19.12.2011, holding the appellant guilty of offences punishable under Sections 302 and 506(ii) of I.P.C.

2. The trial Court had sentenced the appellant/accused to undergo life imprisonment and to pay a fine of Rs.1,000/-, in default, to undergo one year rigorous imprisonment for the offence under Section 302 of I.P.C. and to undergo five years rigorous imprisonment and to pay a fine of Rs.500/-, in default, to undergo one year rigorous imprisonment for the offence under Section 506(ii) of I.P.C.

3. The charges framed by the trial Court read as follow:-

    Charge No.1:-

On 06.09.2010 at about 05.00 p.m. near K.Shanmugapuram old Library, the accused M

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