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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. R.N. Manjula, J
Santhanam @ Santhana Murugan – Appellant
Versus
State Rep. by the Deputy Superintendent of Police, Usilampatti, Madurai District – Respondent
| Table of Content |
|---|
| 1. appeal challenges conviction under ipc and sc/st act. (Para 1 , 2) |
| 2. prosecution's evidence criticized for lack of concrete injury proof. (Para 4 , 5 , 8) |
| 3. trial court's reliance on inconsistent witness testimony questioned. (Para 6 , 7) |
| 4. insufficient evidence leads to acquittal decision. (Para 9) |
| 5. final judgement favors the appellant, overturning previous conviction. (Para 10) |
JUDGMENT
This Criminal Appeal has been preferred challenging the judgment of the learned III Additional District and Sessions Judge (PCR), Madurai District, made in Spl.S.C.No.63 of 2014, dated 29.05.2017.
2. Totally, there are two accused in this case. The appellant is the first accused, who has been charged for the offences under Sections 294(b) and 323 IPC read with Section 3 (1)(x) of scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act' for brevity) and convicted and sentenced by the learned III Additional Sessions Judge, Madurai, as under:
Accused
Offence under Section
Punishment
Fine
In default Sentence
First Accused
323 IPC
Rigorous Imprisonment for 6 months
Rs.1,000/-
Simple Imprisonment for one week
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