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2024 Supreme(Online)(MAD) 40824

HIGH COURT OF MADRAS
Hon`ble Mr Justice M.S. RAMESH
THE INSPECTOR OF POLICE – Appellant
Versus
P.PONNUSAMY – Respondent


COMMON JUDGMENT

The Referred Trial and the Criminal Appeals are taken up together, heard and disposed of by this common judgment. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

2. The brief facts leading to the institution of the Referred Trial and the Criminal Appeals, are as follows:

Case of the Prosecution:

(i) It is the case of the prosecution that on 14.09.2013 at about 5.00 p.m., at 1st Main Road, near Billroth Hospital, Raja Annamalaipuram, Chennai-28, the deceased one, Dr.Subbiah, was attacked by A8, A9 and PW12 with a sickle and the deceased sustained multiple cut injuries on his head, neck, shoulder, right forearm, etc., and he was shifted to Billroth Hospital, Raja Annamalaipuram, for treatment; that since his condition became serious, he was referred to Billroth Hospital, Aminjikarai, where he succumbed to the injuries at 1.00 a.m., on 23.09.2013. Initially, the case was registered for the offence under Section 307 of the IPC and thereafter, on 23.09.2013, it was altered to Section 302 of the IPC.

(ii) It is the further case of the prosecution that there was a bitter dispute between A1's family and the deceased, with re

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