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2023 Supreme(Mad) 983

G. JAYACHANDRAN
Shanmuganandham @ Shanmuganand, S/o. Subburayan – Appellant
Versus
State by, Inspector of Police, AWPS East Police Station, Coimbatore – Respondent


Advocates Appeared:
For the Appellant : Mr. B.M. Subash Assisted by Mr. K. Govindan, Legal Aid Counsel.
For the Respondent:Mr. Kishore Kumar, Government Advocate (Crl.Side)

JUDGMENT :

PRAYER: Criminal Appeal is filed under Section 374 (2) of Cr.P.C., to set aside the judgment and conviction passed in S.C.No.75 of 2016 dated 05.02.2020 on the file of the Learned Sessions Judge Mahila Court, Mahalir Neethimandram Coimbatore and allowing the appeal throughout by acquitting the appellant.

This Criminal Appeal is directed against the judgement of the Learned Sessions Judge, Mahalir Neethimandram, Coimbatore passed in S.C.No.75 of 2016, dated 05/02/2020.

2. The appellant herein is the sole accused who faced trial for the charges under Section 498(A) I.P.C. and 306 I.P.C. To prove the case, the prosecution has examined 12 witnesses and marked 22 exhibits. On the side of the defence, the accused has examined six witnesses and marked 19 exhibits. On appreciation of the evidence, the trial Court found the accused not guilty of offence under Section 498 (A) I.P.C. and acquitted him. However, the trial Court found him guilty for the offence under section 306 I.P.C., convicted and sentenced him to undergo 10 years rigorous imprisonment and with fine of Rs.5,000/- in default, to undergo one year rigorous imprisonment. The period of sentence already undergone was order

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