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2025 Supreme(Mad) 5406

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA
Solai @ Kudukudu, S/o. Alagappan – Appellant
Versus
Crl.A(MD)No.639 of 2022 – Respondent


Advocates Appeared:
For the Appellant : Mr. K. Prabhu For Ms.S.Ragaventhre
For the Respondent: Mr. R.M. Anbunithi Additional Public Prosecutor

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

This appeal is directed as against the Judgment passed in S.C.No.76 of 2019, dated 22.07.2022, on the file of the Principal District and Sessions Court, Sivagangai, Sivagangai District.

2.The case of the prosecution is that the deceased and accused are brothers and that there was a dispute between them with regard to the share of their ancestral property. While being so, on 12.08.2017 at about 06.30 p.m., when the deceased was sitting in the bridge nearby Vannangkaruppur Temple, the accused forcibly pushed him down, as a result of which the deceased fell down from the bridge and sustained injuries. Immediately, he was taken to the Government Hospital, Karaikudi. Thereafter, he was referred to the Government Rajaji Hospital, Madurai, for further treatment, where he died on 20.08.2017 at about 04.15 a.m. On the basis of the complaint, the respondent registered the F.I.R in Crime No.83 of 2017 initially for the offences punishable under Sections 294 (b), 323 and 506(i) of I.P.C. After the demise of the deceased, the respondent altered the offences under (b), 323, 506(ii) and 302 of I.P.C. After completion of investigation, a final report was filed and

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