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2022 Supreme(Mad) 495

P.N.PRAKASH, R.HEMALATHA
Nagarajan – Appellant
Versus
State represented by The Inspector of Police, Madurai – Respondent


Advocates Appeared:
For the Appellant : G. Karuppasamy Pandian.
For the Respondent: A. Thiruvadi Kumar, Additional Public Prosecutor.

JUDGMENT :

R. Hemalatha, J.

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973, against the judgment and order dated 23.04.2019 in S.C.No.44 of 2016 passed by the learned Principal District and Sessions Judge, Madurai.)

1. This criminal appeal is filed against the judgment and order dated 23.04.2019 passed by the learned Principal District and Sessions Judge, Madurai, in S.C.No.44 of 2016, wherein the appellant was convicted for an offence under Section 302 IPC and sentenced to undergo Life Imprisonment and to pay a fine of Rs.1,000/- in default, to undergo Simple Imprisonment for three months.

2. Facts of the case as presented by the prosecution flows as follows:

    i. The deceased Muthu @ Thuppakkikarar Muthu was a resident of Nagamalai Pudukottai village, Madurai. He was owning a goat shed in the same village and it is the case of the prosecution that the accused used to consume alcohol near the goat shed for which the deceased reprimanded him. On the fateful day, i.e., on 31.10.2013, Sathiya (P.W.1), the grandson of the deceased accompanied his grandfather, Muthu @ Thuppakkikarar Muthu to the goat shed, around 11.00 a.m. Ganesan (P.W.2), who is the son

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