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2026 Supreme(Mad) 1598

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
Muthupandi – Appellant
Versus
State through The Inspector of Police, Peraiyoor Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr.P.Muthusamy
For the Respondent: Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor Mr.R.Babu Jeganath

JUDGMENT :

N.ANAND VENKATESH, J.

This criminal appeal has been filed by the de-facto complainant challenging the judgment passed by the learned Additional District Judge, Paramakudi in SC No.124 of 2015 dated 30.06.2022, wherein, the trial Court had acquitted the respondents 2 and 3/A1 and A2 from all charges.

2. The case of the prosecution is that on 17.04.2015, when A1 and A2 were collecting wood in a property, which does not belong to them, PW1 and PW2 went to that place and questioned A1 and A2 as to how they can take the wood from the property. As a result, there was a wordy quarrel. On the same day at about 9.30 p.m., the deceased and his children went to the house of the accused persons and questioned them as to how they can take the wood from the property, which is yet to be partitioned. At that point of time, A1, A2 and their son started pelting stones. A2 is said to have slapped the deceased and when he fell down, A1 is said to have attacked the deceased on his chest with stone. The deceased succumbed to the injuries and as a result, an FIR came to be registered based on the complaint given by PW1 in Crime No.22/2015 for offences under Sections 336 and 302 r/w34 IPC.

3. The r

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