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2022 Supreme(Mad) 1748

V. SIVAGNANAM
Kumar @ Sasikumar – Appellant
Versus
State, represented by Inspector of Police, Cuddalore – Respondent


Advocates appeared:
For the Appellants:R. Sankarasubbu, Advocate. For the Respondent:J. Subbiah, Govt. Advocate (Crl. Side).

JUDGMENT

(Prayer: The Criminal Appeal has been filed under Section 374 Cr.P.C against the conviction and sentence imposed in S.C.No.210 of 2013 dated 21.11.2014 on the file of the II Additional Sessions Judge, Chidambaram, Cuddalore District.)

1. The accused in S.C.No.210 of 2013 on the file of the II Additional Sessions Judge, Chidambaram are the appellants herein.

2. The Inspector of Police, Chidambaram Taluk Police Station, Cuddalore District, prosecuted the accused for having caused the death of Shanmugavel by murdering him an offence punishable under Section 302 IPC and thereby, charged the first accused under Sections 294(b), 302 IPC and the second accused under Sections 323 and 302 r/w 34 IPC.

3. In the trial Court, the prosecution examined 14 witnesses PW1 to PW14 and marked 15 documents Ex.P1 to P15 and also filed 3 material objects MOs1 to 3. On the side of the accused, the accused examined two witnesses, DW1 & DW2 and also marked Ex.D1.

4. The trial Court, on considering the oral and documentary evidence, acquitted the First accused for an offence punishable under Sections 294(b) IPC and found guilty of the accused under Sections 304(ii) IPC and found the second accused guilt

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