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2022 Supreme(Mad) 1267

R. PONGIAPPAN
Manoharan – Appellant
Versus
State Rep. by The Inspector of Police, Burgur Police Station, Krishnagiri – Respondent


Advocates appeared:
For the Appellant:Parthiban, E. Kannadasan, Advocates. For the Respondent:Leonard Arul Joseph Selvam, Government Advocate (Crl. Side).

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of the Code of Criminal Procedure, to set aside the conviction and sentence passed by the learned Sessions Judge, Fast Track Magalir Neethimandram, Krishnagiri, Krishnagiri District dated 11.11.2019 in S.C.No.43 of 2018.)

1. The present Criminal Appeal has been filed by the appellant to set aside the judgment of conviction and sentence passed by the learned Sessions Judge, Fast Track Magalir Neethimandram, Krishnagiri, Krishnagiri District dated 11.11.2019 in S.C.No.43 of 2018.

2. The appellant herein is arrayed as first accused in the above referred case. He stood charged for an offence under Section 302 of IPC. The other 3 accused, who are arrayed as A-2 to A-4 are tried for the offence under Section 302 r/w 109 of IPC. By a judgment dated 11.11.2019, the learned Sessions Judge, Fast Track Magalir Neethimandram, Krishnagiri, Krishnagiri District, convicted the appellant under Section 306 of IPC and sentenced to undergo Rigorous Imprisonment for seven 7 years and to pay a fine of Rs.20,000/-, in default to undergo Rigorous Imprisonment for 9 months. Further, the other accused are all acquitted from the charge under Section

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