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2022 Supreme(Mad) 3576

J. NISHA BANU, N. ANAND VENKATESH
Subburam – Appellant
Versus
State represented by, The Inspector of Police, Virudhunagar – Respondent


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

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, 1973, against the judgment and order, dated 15.07.2019 in S.C.No.22 of 2016 passed by the learned Additional District and Sessions Judge, Srivilliputhur, Virudhunagar District.)

J. Nisha Banu & N. Anand Venkatesh, JJ.

1. The sole accused, who was convicted for an offence under Section 302 IPC and was sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo 3 months Simple Imprisonment through judgment and order dated 15.07.2019, made in S.C.No.22/2016, passed by the learned Additional District and Sessions Judge, Srivilliputhur, has preferred this criminal appeal.

2. The case of the prosecution is that the deceased Nagaraj had a family dispute with the appellant and there were repeated quarrels and hence the appellant had a motive to do away with the deceased. In furtherance of the same, on 14.04.2014, when the deceased returned back from Sivakasi and was getting down at Thulukankurichi bus stop and was walking near the tea shop of one Jeganathan at about 9.30 p.m., the appellant is said to have been waiting at that place, with M.O.6-knife and on seeing the dec

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