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2022 Supreme(Mad) 1142

M. NIRMAL KUMAR
Iyyappan @ Balaji – Appellant
Versus
State by its Inspector of Police, Vellore – Respondent


Advocates appeared:
For the Petitioner:M/s. D. Chandralekha, Legal Aid Counsel. For the Respondent: A. Damodaran, Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the conviction and sentence passed in judgment C.A.No.45 of 2012 dated 18.07.2013 by the District and Sessions Judge, Vellore District by dismissing the appeal by confirming the judgment of conviction and sentence passed in S.C.No.16 of 2011 dated 17.02.2012 by the Assistant Sessions-cum-Judicial Magistrate, Vellore and acquit the petitioner.)

1. The petitioner/A1 was convicted by the learned Assistant Sessions Judge-cum-Chief Judicial Magistrate, Vellore/trial Court in S.C.No.16 of 2011, dated 17.02.2012, for offence under Section 394 IPC and sentenced to undergo seven years Rigorous Imprisonment. Similarly, A2 and A3 were convicted for offence under Section 394 r/w 34 IPC and sentenced to undergo seven years Rigorous Imprisonment. As against the judgment of conviction and sentence, the petitioner/A1 and A3 preferred an appeal before the learned Principal District and Sessions Judge, Vellore/lower appellate Court. The learned Principal District and Sessions Judge, by judgment, dated 18.07.2013 in C.A.No.45 of 2012 confirmed the judgment of the trial Court in S.C.No.

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