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2022 Supreme(Mad) 3740

J. NISHA BANU, N. ANAND VENKATESH
Durairaj – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.S.Ashok Kumar Senior Counsel for Mr.N.Anandakumar
For the Respondent: Mr.A.Thiruvadi Kumar Additional Public Prosecutor

JUDGMENT :

J.NISHA BANU, AND N.ANAND VENKATESH, JJ.

PRAYER: Criminal Appeal filed under Section 374 of Criminal Procedure Code, 1973, against the judgment and order dated 26.09.2019 in S.C.No.44 of 2019 on the file of the learned I-Additional District and Sessions Court (PCR), Tiruchirappalli.

This appeal has been filed against the judgment and order passed by the I-Additional District and Sessions Court(PCR), Tiruchirappalli, made in S.C.No.44 of 2019, dated 09.10.2019, convicting and sentencing the appellants for offence under Section 302 r/w 34 IPC (2 counts) and to undergo Life Imprisonment for each count and to pay a total fine of Rs.2000/-, in default, to undergo two years Simple Imprisonment.

2. The case of the prosecution is that the deceased Arumugam(D1) and Tirupathi(D2) are brothers and there was a previous enmity due to an earlier incident, whereby the deceased along with Lakshmanan are said to have murdered Natarajan and Nagarajan, who are the relatives of the accused persons. That apart, there was also a land dispute between the family of the deceased and the family of the accused persons. On 27.05.2015 at about 11.30 a.m., when the deceased were engaged in putting up a t

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