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2022 Supreme(Mad) 340

A.D.JAGADISH CHANDIRA
Ashok Kumar – Appellant
Versus
State rep. by the Inspector of Police, Tiruvarur – Respondent


Advocates:
Advocate Appeared:
For the Appellants :K.M. Subramaniam, Advocate.
For the Respondent: S. Sugendran, Adv

JUDGMENT :

(Prayer: The Criminal Appeal is filed under Section 374 of Cr.P.C, to call for the records pertaining to the judgment passed by the Principal District and Sessions Court, Tiruvarur, on 11.02.2021 in Sessions Case No.44 of 2019 and to set aside the order of conviction passed against the appellants and acquit the appellants by allowing the Criminal Appeal.)

(The case has been heard through Video Conferencing)

1. Challenging the order of conviction and sentence passed by the Principal District and Sessions Court, Tiruvarur, on 11.02.2021 in Sessions Case No.44 of 2019, the present Criminal Appeal has been filed by the accused.

2. Both the accused stand convicted under Section 436 IPC read with Section 4(1) of Tamil Nadu Prevention of Property (Damage and Loss) Act, 1992 and were sentenced to undergo Rigorous Imprisonment for five years and to pay fine of Rs.5000/- each, in default, each to undergo Simple Imprisonment for three months.

3. Brief facts of the case are as under:-

    (i) PW1, the de facto complainant by name Dhanapal, a resident of Karnavoor, by joining with his brother, the second accused Saravanan, had sold his share of the ancestral landed property to the first accuse

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