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2021 Supreme(Mad) 2808

V.BHARATHIDASAN, J.NISHA BANU
Nagendran – Appellant
Versus
State Rep. by the Inspector of Police, Town Police Station, Pudukkottai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. C. Mayil Vahana Rajendran.
For the Respondent: Mr. S. Ravi.

JUDGMENT :

V. BHARATHIDASAN, J.

1. The appellant is the sole accused. He stood charged for the offences under Sections 341 and 302 IPC. The trial Court acquitted him, for the offence under Section 341 IPC and convicted him, under Section 302 IPC and sentenced to undergo life imprisonment, and also to pay fine of Rs. 2,000/- in default, to undergo three months rigours imprisonment. Challenging the abovesaid conviction and sentence, the appellant is before this Court, with this appeal.

2. The deceased by name, Kalidoss, is the friend of the appellant/accused. Earlier, the deceased was working at Malaysia and returned back to his native in the year 2013. Thereafter, he was running a mechanical shop at Pudukkottai. The appellant is his close friend and they used to consume liquor together. On 02.11.2013, a Diwali day, at about 08.30 p.m. while the deceased was at his house, the appellant/accused, came to his house and demanded money from the deceased, for purchasing liquor, deceased denied, and there was a quarrel between them, at that time, the appellant attacked the deceased with a wooden log available there. While the deceased fell down, he put a stone on his head and caused his death,

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