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2024 Supreme(Mad) 2718

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.S.RAMESH, C.KUMARAPPAN
State Represented by the Public Prosecutor, High Court, Madras – Appellant
Versus
Ponnuvel – Respondent


Advocates Appeared:
For the Appellant : A. Gokulakrishnan
For the Respondent: T. Vijayaraghavan

JUDGMENT :

C. KUMARAPPAN, J.

1. The instant Criminal Appeal has been filed by the State against the order of acquittal passed in SC.No.14 of 2015 by the Additional Sessions Court [Fast Track Court], Kancheepuram vide order dated 13.04.2018.

2. The relevant facts which are necessary for the disposal of this Appeal, are as follows:-

(a) There was a property dispute between the accused family and the deceased Chandran's family. On 01.04.2014 at about 3.00.p.m, while the son and wife of the deceased Chandran qua PW1 and PW2 were in their residence, the accused developed wordy quarrel with PW2-Kanniyammal. Since PW2-Kanniyammal questioned the high handedness of the accused, he attacked her with Velikathan wooden log on her right wrist and back and thereby, she sustained injuries. When PW1 intervened to protect his mother, she instructed him not to get involved in the quarrel. During such time, the deceased Chandran also returned home, after grazing cattle. On coming, he joined PW2 and questioned the accused. Enraged by such conduct, the accused assaulted the deceased on his head. Immediately, the deceased fell down and died on the spot. It is the further case of the prosecution that after t

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