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2024 Supreme(Mad) 2016

M. S. RAMESH, C. KUMARAPPAN
Dillibabu – Appellant
Versus
State Rep. by Inspector of Police, Tiruvallur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.S.N. Prabhakaran
For the Respondent: A. Gokulakrishnan

JUDGMENT :

C. KUMARAPPAN, J.

Prayer: Criminal Appeal filed under Section 374(2) of the Criminal Procedure Code to call for the entire records connection with S.C. No. 81 of 2015 on the file of I Additional Sessions and District Judge, Tiruvallur and set aside the conviction and sentence imposed by the I Additional Sessions and District Judge, Tiruvallur in S.C. No. 81 of 2015 dated 28.03.2019.

1. The instant Criminal Appeal has been filed by the first accused against the order of conviction passed in S.C. No. 81 of 2015.

2. Originally, there were two accused, but the trial Court acquitted the second accused. Hence, the instant criminal appeal has been filed by the first accused.

3. The brief facts which give rise to the instant Criminal Appeal are that the deceased, Venkatesan, is the husband of the second accused. The second accused is a Nurse by avocation. While so, the first and second accused developed an illicit intimacy. After knowing the illicit intimacy, the deceased Venkatesan questioned the first accused and quarrelled with the second accused. Since both of them felt that the deceased is the obstacle for their illicit intimacy, they planned to do away him and hatched a conspir

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