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2022 Supreme(Mad) 2299

D. BHARATHA CHAKRAVARTHY
K. S. Myleswamy – Appellant
Versus
State Rep. by Inspector of Police, Coimbatore – Respondent


Advocates appeared:
For the Appellant:B. Kumarasamy, Advocate. For the Respondent:S. Vinoth Kumar, Government Advocate (Crl.Side).

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Crl.P.C to set aside the judgement passed in S.C.No.3 of 2017 on the file of the 2nd Additional Assistant Sessions Judge, Coimbatore, dated 26.11.2019.)

1. This appeal is filed against the judgment of the learned 2nd Additional Assistant Sessions Judge, Coimbatore, dated 26.11.2019 in S.C.No.3 of 2017, in and by which, the appellant is convicted for the offence under Section 435 of Indian Penal Code and imposed 7 years rigorous imprisonment and fine of Rs.1,000/- and in default to undergo 1 year rigorous imprisonment and on 3 counts for the offence under Section 307 of Indian Penal Code and imposed 10 years rigorous imprisonment for each count and fine of Rs.1,000/- for each count and in default for payment of fine to undergo 1 month rigorous imprisonment.

2. On 06.08.2014, when one Hemalatha, Sub-Inspector of Police was on duty at Thudiyalur Police Station, PW.1 one Ravi appeared before her and lodged a complaint to the effect that his family possesses 1 acre of land. In the said land, fencing by erecting cement poles and barbed iron wires was made by them and hut was constructed in the western corner, in which, one Sank

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