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2025 Supreme(Online)(Mad) 73580


BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 11.11.2025 Pronounced on 27.11.2025 CORAM THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.A(MD)Nos.527,528,530,531,532 and 711 of 2022
1. Raj @ Selvaraj : Appellant/Accused 1 in Crl.A(MD) No.527 of 2022
2. Suresh : Appellant/Accused 2 in Crl.A(MD) No.528 of 2022
3.Raj : Appellant/Accused 7 in Crl.A(MD) No.530 of 2022
4. Raja : Appellant/Accused 4 in Crl.A(MD) No.530 of 2022
5. Murugan : Appellant/Accused 6 in Crl.A(MD) No.532 of 2022
6. Arul Perumal
7. Vaithilingam : Appellants/Accused 5&8 in Crl.A(MD) No.711 of 2022 Vs.
The Inspector of Police, Alangulam Police Station, Tenkasi District : Respondent/Complainant in both appeals Common Prayer:-These Criminal Appeal have been filed under Section 374 of Criminal Procedure Code, to call for the records and set aside the judgment dated 12.07.2022 made in S.C.No.104 of 2015 by the Additional District and Sessions Judge(FTC) Tenkasi For Appellants : Mr.P.M. Bazil(In Crl.A(MD) No.527 of 2022)
: Mr.R.Anand (In Crl.A(MD) No.528 of 2022)
:Mr.R.Vinoth Bharathi (In Crl.A(MD) Nos.530 &
532 of 2022)
: Dr.R.Alagumani (In Crl.A(MD) No.531 of 2022)
: Mr.G.Karuppasamy Pandian (In Crl.A(MD)
No.711 of 2022)
For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on 11.11.2025 Pronounced on 27.11.2025 CORAM THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.A(MD)Nos.527,528,530,531,532 and 711 of 2022

1. Raj @ Selvaraj : Appellant/Accused 1 in Crl.A(MD) No.527 of 2022

2. Suresh : Appellant/Accused 2 in Crl.A(MD) No.528 of 2022

3.Raj : Appellant/Accused 7 in Crl.A(MD) No.530 of 2022

4. Raja : Appellant/Accused 4 in Crl.A(MD) No.530 of 2022

5. Murugan : Appellant/Accused 6 in Crl.A(MD) No.532 of 2022

6. Arul Perumal

7. Vaithilingam : Appellants/Accused 5&8 in Crl.A(MD) No.711 of 2022 Vs.

The Inspector of Police, Alangulam Police Station, Tenkasi District : Respondent/Complainant in both appeals Common Prayer:-These Criminal Appeal have been filed under Section 374 of Criminal Procedure Code, to call for the records and set aside the judgment dated 12.07.2022 made in S.C.No.104 of 2015 by the Additional District and Sessions Judge(FTC) Tenkasi For Appellants : Mr.P.M. Bazil(In Crl.A(MD) No.527 of 2022)

: Mr.R.Anand (In Crl.A(MD) No.528 of 2022)

:Mr.R.Vinoth Bharathi (In Crl.A(MD) Nos.530 &

532 of 2022)

: Dr.R.Alagumani (In Crl.A(MD) No.531 of 2022)

: Mr.G.Karuppasamy Pandian (In Crl.A(MD)

No.711 of 2022)

For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

C O M M O N J U D G M E N T

P.VELMURUGAN, J., These Criminal Appeal are directed against the judgment of conviction and sentence passed by the learned Additional District and Sessions Judge(FTC) Tenkasi in S.C.No.104 of 2015 dated 12.07.2022

2. For sake of convenience the accused are referred to as per their rank before the trial Court. Since all the appeals are arising out of a common judgment they are clubbed and heard together and disposed of by this common judgment.

3. By the above said judgment, the trial Court convicted A1, A2, A4 to A8 for the offence under Section 148 IPC and sentenced them to undergo S.I for one year each and to pay a fine of Rs.1,000/- each i/d to undergo S.I for three months each, and convicted A1, A2, A4 to A8 for the offence under Section 341 IPC and sentenced them to undergo S.I. for one month each and convicted A2, A4 to A8 are for the offence under Section 302 IPC and sentenced them to undergo each Imprisonment for Life and to pay a fine of Rs.2,000/- each i/d to undergo R.I. for two years each and convicted A1 for the offence under Section 302 r/w 34 IPC and sentenced him to undergo Imprisonment for Life and to pay a fine of Rs.2,000/- i/d R.I. for two years and the sentences of the accused persons shall run concurrently.

4. The case of the prosecution in brief:-

4.1 The complainant's brother namely Karuppasamy (deceased)

was residing at Alangulam and was doing real estate business and building contractor job and the sons of one Subramanian namely Suresh and his brothers Raj @ Selvaraj and Raja are doing brick business and doing business by selling river sand and through this business there is a touch between the deceased and Suresh. Six months prior to the occurrence, in the Alangulam bus stand, accused Suresh and his brothers Raja, Raj @ Selvaraj and their cousin the deceased accused Muthuraj abused Karuppasamy with filthy language. And on coming to know this, the complainant Muthukumar compromised the matter. Thereafter one month prior to the occurrence, the sand lorry of Suresh was seized by the Police and accused persons are under the belief that Karuppasamy was the reason for that and due to this motive, the said Suresh, his brother Raja and his cousin the deceased accused Muthuraj and his friends Arul Perumal, Murugan, Raj and Vaithilingam quarrelled with Karuppasamy at Alangulam Bus stand and the complainant warned the said persons. Hence, a motive developed between the deceased and Suresh and their brothers. Due to this, the accused persons and the accused Muthuraj had a common intention to kill Karuppasamy, hence on 12.09.2012 at 8.45 P.M. in Alangulam – Puthupatti Road on the Southern side of Hindu Nadar

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