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2021 Supreme(Mad) 3438

V.BHARATHIDASAN, J.NISHA BANU
Saravanakumar alias Kumar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.R.Sundar
For the Respondent: Mr.A.Thiruvadikumar, adv

JUDGMENT :

V.BHARATHIDASAN, J.

The appellants, are A-1 and A-2, in S.C.No.126 of 2015, on the file of the learned Additional District and Sessions Judge, Ramanathapuram. They stood charged and convicted for the offence under Section 302 r/w 34 I.P.C and sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000/- each, in default to undergo one year simple imprisonment. Challenging the aforesaid conviction and sentence, the appellants are before this Court with this Criminal Appeal.

2. The case of the prosecution in brief as follows: The deceased by name Ramanathan, is the son of P.W.1. The deceased and the accused belong to same village. On 11.06.2014, at about 3.00 p.m., there was a quarrel between A-1 and the deceased, in which, the deceased said to have taken the two-wheeler belongs to A-1. Subsequently, there was a mediation by P.W.1 and the vehicle was handed over to A-1. With that motive, in the intervening night of 11.06.2014 and 12.06.2014 at about 2.15 a.m., while the deceased was sleeping in the terrace of his house, both A-1 and A-2 attacked him with a Bill Hook. When the deceased raised alarm, P.W.1-mother of the deceased and P.W.2, related to the deceased, who

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