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2024 Supreme(Mad) 468

M. S. RAMESH, SUNDER MOHAN
D. Thiagarajan – Appellant
Versus
State rep. By The Inspector of Police, Nazarethpet Police Station, Chennai – Respondent


Advocates Appeared:
For the Appellant : R. Ganesh Kumar.
For the Respondent: A. Gokulakrishnan.

JUDGMENT :

Sunder Mohan, J.

(Prayer: Criminal Appeal filed under Section 374(2) of Code of Criminal Procedure, 1973, to call for the entire records in connection with the S.C.No.27 of 2015 on the file of the learned II Additional District and Sessions Judge, Thiruvallur at Poonamallee, and set aside the Judgment dated 31.01.2020.)

1. This Criminal Appeal has been filed by A2, challenging the conviction and sentence imposed upon him vide judgment dated 31.01.2020 in S.C.No.27 of 2015 on the file of the learned II Additional District and Sessions Judge, Thiruvallur at Poonamallee.

2. For the sake of convenience, the parties are hereinafter referred to as per their ranking before the trial Court.

3(i) It is the case of the prosecution that the deceased and A2 were brothers; that since the deceased was an alcoholic and was causing trouble to the family members by demanding money for consuming alcohol and lying on the streets after drinking, A2 decided to do away with the deceased with the help of A1 and A3, his friends; that pursuant to the conspiracy, A1 took Rs.1000/- from A2 on 26.08.2014 and took the deceased in his motorcycle bearing Regn.No.TN12A3007 to a wine shop; that after the de

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