Advocates:
['m/s n manokaran', '', 'S VINOTH KUMAR', 'PUBLIC PROSECUTOR']

Bail Slip

The Accused namely Rajkumar and Madhesh @ Madhewaran, were

released on bail vide order dated 28.06.2013 made in Crl.MP 1 of

2013 in Crl.A.No.302/2012 and dated 16.04.2013 made in Crl.MP

No.1/2013 in Crl.A.No.427 of 2012.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN

AND

THE HON'BLE MR.JUSTICE S.NAGAMUTHU

CRIMINAL APPEAL Nos. 302 and 427 of 2012

Rajkumar

.. Appellant in Crl.A.No.302 of 2012/

Accused No.1.

Madhesh

@ Madheswaran

.. Appellant in Crl.A.No.427 of 2012 /

Accused No.2.

Vs.

State by Inspector of Police

Puduchathiram Police Station

Namakkal District.

Crime No.22 of 2009

.. Respondent in both Appeals /

Complainant

Both Criminal Appeals are preferred under Section 374(2)

Cr.P.C against the judgment of conviction and sentence passed by

the learned Additional District & Sessions Judge, Fast Track

Court, Namakkal, made in S.C.No. 68 of 2010, dated 19.03.2012.

For Appellants

: Mr.N.Manokaran

in both Appeals

For Respondent

: Mr.M.Maharaja

in both Appeals

Additional Public Prosecutor

https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

(The judgment of the Court was made by S.NAGAMUTHU, J.)

The appellants are the accused Nos. 1 and 2 in S.C. No. 68

of 2010 on the file of the Additional District & Sessions Judge,

Fast Track Court, Namakkal and they stood charged for the

offences as follows:-

Sl.No.

Charge Number

Rank of Accused

Offence

1

Charge No.1

Accused Nos.1

and 2

364 IPC

2

Charge No.2

Accused Nos.1

and 2

302 r/w. 34 IPC

3

Charge No.3

Accused Nos.1

and 2

392 IPC

4

Charge No.4

Accused Nos.1

and 2

201 IPC

By common judgment, dated 19.03.2012, the Trial Court convicted

the accused Nos. 1 and 2 under all charges and accordingly,

punished them as detailed below:-

Sl.No.

Rank of Accused

Offence

Conviction & Sentence

1

Accused Nos.1 and

2

364 IPC

To undergo seven years

Rigorous Imprisonment

and to pay a fine of

Rs.500/-, in default to

undergo one year

Rigorous Imprisonment.

2

Accused Nos.1 and

2

302 r/w. 34

IPC

To undergo

Imprisonment for Life

and to pay a fine of

Rs.1000/-, in default

to undergo one year

Rigorous Imprisonment.

3

Accused Nos.1 and

2

392 IPC

To undergo seven years

Rigorous Imprisonment

and to pay a fine of

Rs.500/-, in default to

undergo one year

Rigorous Imprisonment.

https://hcservices.ecourts.gov.in/hcservices/

Sl.No.

Rank of Accused

Offence

Conviction & Sentence

4

Accused Nos.1 and

2

201 IPC

To undergo three years

Rigorous Imprisonment

and to pay a fine of

Rs.500/-, in default to

undergo six months

Rigorous Imprisonment.

Challenging the said judgment of conviction and sentence dated

19.03.2012, the appellants are before this Court with these

appeals.

2. The case of the prosecution in brief is as follows :-

(i) The deceased in this case was one Mrs.Sarasu. P.W.3-

Rani is her daughter.

The deceased was residing at

Pachudaiyampatti Puthoor Village in Namakkal District. The 1^st

accused was doing milk vending business. The deceased was

rearing cows at her house and she used to sell milk to the 1^st

accused. At the end of every month, the 1^st accused used to

pay the cost of the milk supplied by the deceased. In due course

of time, the 1^st accused committed default and he did not pay the

amount due for three months. The deceased wanted him to pay the

money immediately. But the 1^st accused was evasive. At one

point of time, the deceased started to pressurize the 1^st

accused to pay the money. This is stated to be the motive for

the 1^st accused against the deceased.

(ii) On 16.01.2009, at about 5.00 p.m, the 1^st accused

came to the Village of the deceased. The deceased supplied milk

to the 1^st accused. At 5.30 p.m., as soon as sale of the milk

to the 1^st accused, the deceased insisted that the 1^st accused

should pay the money immediately including the arrears. The 1^st

accused told her that he had joined a chit in h