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2022 Supreme(Mad) 1220

R. SUBRAMANIAN, N. SATHISH KUMAR
Murugan – Appellant
Versus
State of Tamil Nadu, represented by the Inspector of Police, Dindigul – Respondent


Advocates appeared:
For the Appellants:K. Sundaravel, Advocate. For the Respondent: A. Thiruvadi Kumar, Additional Public Prosecutor.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C., praying to set aside the judgment of conviction dated 28.03.2019 by the learned Additional District and Sessions Judge, Dindigul in Sessions Case No.158 of 2017 and acquit the appellants.)

R. Subramanian, J. & N. Sathish Kumar, J.

1. This Criminal Appeal has been filed by the appellants / accused Nos.1 to 5, aggrieved over the conviction and sentence, dated 28.03.2019, made in S.C.No.158 of 2017, by the learned Additional District and Sessions Judge, Dindigul.

2. The brief facts of the prosecution case is as follows:

(i) The deceased is the husband of P.W.1. There was a dispute over the immovable properties between the accused and the deceased, in respect of which, a complaint was also lodged by the deceased against the accused on 28.07.2013. However, the police has advised both the parties to resolve the issue before the Civil Court. From that onwards, the accused had decided to kill the deceased.

(ii) When the matter stood thus, on 08.11.2013, when the deceased was returning in his two wheeler M.O.10 to his village, the accused travelled in a Van M.O.6 and hit against the deceased's vehicle. P.W.2 and P.W.

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