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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, M. JOTHIRAMAN, JJ
GunduViji @ Vijayakumar – Appellant
Versus
The State represented by Inspector of Police, R-8 Vadapalani Police Station, Chennai - 600 028. – Respondent
| Table of Content |
|---|
| 1. overview of the case and prosecution's claims. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments by the appellants challenging the conviction. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's observations about evidence and witness credibility. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. discussion on investigative shortcomings leading to doubt. (Para 27 , 28) |
| 5. court's decision to acquit due to reasonable doubt. (Para 30 , 31) |
J U D G M E N T
(Judgment was delivered by N. SATHISH KUMAR, J.
Aggrieved over the judgment of conviction and sentence passed by the learned VII Additional Sessions Judge, Chennai, in S.C.No.273 of 2016, dated 10.08.2018, the appellants, who are A1, A2 and A4 have filed the present appeal. The appellants/accused were convicted and sentenced by the trial Court as follows :
| Accused | Conviction | Sentence |
| A1, A2 & A4 | Section 302 r/w. 34 IPC | Life imprisonment each and fine of Rs.10,000/- each, in default, to undergo six months simple imprisonment |
| Section 341 IPC | Fine of Rs.500/- each, in default, to undergo simple imprisonment for one week |
2.The case of the prosecution is as follows :
2.1.P.W.1 is the resident of Kumaran Colony. He is residing with his wife (P.W.5), son (P.W.2)
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