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2026 Supreme(Mad) 1728

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH, K.K.RAMAKRISHNAN
John – Appellant
Versus
State Rep. by its Inspector of Police, K. Pudur Police Station – Respondent


Advocates Appeared:
For the Appellant : C. Mayil Vahana Rajendran
For the Respondent: E. Antony Sahaya Prabahar

Table of Content
1. defense challenges evidence and credibility. (Para 4 , 5)
2. court assesses culpable homicide versus murder. (Para 8 , 9)
3. lack of evidence against a2 and a3 leads to acquittal. (Para 10)

JUDGMENT :

K.K. RAMAKRISHNAN, J.

1. The appellants are the accused in S.C. No. 439 of 2014 on the file of the learned I Additional District and Sessions Judge, Madurai. They have preferred the present appeals challenging the following conviction and sentence imposed upon them under Section 302 read with Section 34 IPC.

2. Brief facts of the case:

2.1. The case of the prosecution, in brief, is that on 31.12.2013 at about 9.00 p.m., when the deceased, Senthilkumar, was at his residence, A1 and A3 came to his house and asked him to accompany them. Despite the objection raised by P.W.1, the mother of the deceased, having regard to prior disputes between the deceased and A1, the deceased went along with A1 and A3. It is the further case of the prosecution that A1 had been frequently demanding money from the deceased, which led to enmity between them earlier. On the fateful day, notwithstanding such antipathy, the deceased accompanied A1 and A3. As the deceased did not return home till lat

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