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2023 Supreme(Mad) 2389

R. SURESH KUMAR, K. KUMARESH BABU
Murugan – Appellant
Versus
State Represented by, The Inspector of Police, L&O, Chennai – Respondent


Advocates appeared:
For the Appellants:V. Krishnamoorthy, Advocate. For the Respondent: S. Raja Kumar, Additional Public Prosecutor.

JUDGMENT

(Prayer: Appeal filed under Section 374 of Criminal Procedure Code praying to set aside the conviction and sentence imposed on the appellant in S.C.No.192 of 2015 on the file of the learned Sessions Judge, Mahila Court at Chennai dated 02.01.2018.)

R. Suresh Kumar, J.

1. This appeal has been preferred against the conviction and sentence made by the Sessions Judge, Mahila Court, (Mahalir Neethimandram), Chennai dated 02.01.2018 in S.C.No.192 of 2015 in P.R.C.No.37 of 2015 on the file of XXIII M.M., Saidapet, Chennai in respect of A3 and A4 who are the appellants herein for the offence punishable under Section 411 r/w. 34 I.P.C.

2. In fact, it is a case of murder, with regard to the said offence under Section 302 I.P.C., charge had been framed only against 1st and 2nd accused. Insofar as the 3rd, 4th and 5th accused are concerned, charge was framed for the offence punishable under Section 411 r/w. 34 I.P.C. The trial Court, in the judgment impugned, convicted and sentenced A1 and A2 for the offences under Section 450, 302 and 380 r/w. 34 I.P.C.

3. In respect of A3 and A4, the trial Court convicted these two appellants under Section 411 r/w. 34 I.P.C. Insofar as A5 is concerned, h

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