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2021 Supreme(Mad) 3502

A.D.JAGADISH CHANDIRA
Settu @ Puniameen – Appellant
Versus
State Represented by Its The Inspector of Police, Mayiladuthurai Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.Veerasekaran
For the Respondent:Mr. S. Sugendran, Govt. Advocate (Crl.Side)

JUDGMENT :

Challenging the judgment of conviction and sentence in Session Case No.101 of 2013 on the file of the Sessions Court, Nagapattinam dated 12.07.2019, A2 has filed Criminal Appeal No.466 of 2019 and A has filed Criminal Appeal No.680 of 2019.

2. The brief facts of the prosecution is as under:

    (i) The first accused is an auto driver and the second accused is a butcher. Murugan, the deceased was a married man having a wife and three children. On 21.08.2012, PW2-Mohammad Thasleem, PW3- Nissar Ahamed and Haj Mohamed had invited the deceased Murugan to attend Ramzan party at the Government Tasmac Shop No.5608 in Koorainadu bus stop in Mayiladuthurai.

(ii) Since the deceased Murugan was late, the other three persons had gone inside the bar to consume liquor. At that time, a bottle had fallen from the table of PW2 and it had gone near the table where the accused were sitting. The accused had pushed the bottle towards the table of PW2. PW2 and PW3 and the said Nissar Ahamed, finding that time was not conducive, in order to avoid trouble, had settled the account and had gone out. The accused had followed them outside the shop and had quarreled with them. At that time, the deceased Muru

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