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2022 Supreme(Mad) 1395

R. PONGIAPPAN
Sugumaran @ Sagu – Appellant
Versus
State Rep. by Inspector of Police, Crime, N-1, Chennai – Respondent


Advocates appeared:
For the Appellant:T.R. Sivaram, C.V. Kumar, 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 XVIII Additional Sessions Judge, City Civil Court, Chennai dated 07.01.2019 in S.C.No.122 of 2012.)

1. The present criminal appeal has been filed by the appellant to set aside the judgment of conviction and sentence passed by the learned XVIII Additional Sessions Judge, City Civil Court, Chennai, dated 07.01.2019, in S.C.No.122 of 2012.

2. The appellant herein is the sole accused in the above referred sessions case. He stood charged for the offence under Sections 341 and 394 r/w 397 IPC. By judgment dated 07.01.2019, the learned XVIII Additional Sessions Judge, City Civil Court, Chennai, came to the conclusion that the appellant is found guilty under Sections 341 and 394 r/w 397 IPC, convicted and sentenced as follows:

Offence


Sentence

341 IPC

To pay a fine of Rs.500/-

394 r/w 397 IPC

To undergo rigorous imprisonment for ten years and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for three months.

Challenging the said conviction and sentence, the accused is before this Court, by way

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