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2021 Supreme(Mad) 2864

P.N.PRAKASH, R.PONGIAPPAN
Kanagaraj – Appellant
Versus
State Rep. By Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.B.Thirumalai
For the Respondent: Mr.R.Muniyapparaj

JUDGMENT :

R.PONGIAPPAN, J.

The present appeal has been filed to set aside the conviction and sentence passed in S.C.No.19 of 2013 dated 31.07.2015, on the file of the learned III Additional District and Sessions Judge, Coimbatore.

2. The appellant is the sole accused. He stood charged for the offence under section 302 IPC. The accused denied the charge and opted for trial. Therefore, he was put on trial of the charge.

3. After full pledged trial, the learned III Additional District and Sessions Judge, Coimbatore, found the accused guilty of the offence under Section 302 IPC. Accordingly, the accused was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for three months. Challenging the conviction and sentence the accused is before this Court, by way of filing the present Criminal Appeal.

4. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal.

    (i) The accused and the deceased Mayilsamy were father and son. The accused is married and has a daughter. The deceased Mayilsamy, his wife, the accused, his wife and daughter were li

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