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2019 Supreme(Mad) 2799

M.M.SUNDRESH, M.NIRMAL KUMAR
Soundarajan – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Padmanabhan, S.C. for S.B. Viswanathan
For the Respondents: R. Prathap Kumar, Additional Public Prosecutor

JUDGMENT :

M.M. Sundresh, J.

1. Assailing the conviction and sentence rendered by V Additional District and Sessions Court Coimbatore in S.C. No. 75 of 2015, in which, the trial Court convicted the appellants/accused 1 and 2 for the offence punishable under Sections 120-B r/w 302, 364 r/w 120-B, 302 r/w 120-B and 201 r/w 302 IPC while acquitting them for the offence under Section 364 r/w 120-B IPC and each of them sentenced to undergo life imprisonment for the offences under Sections 120-B r/w 302 and 302 r/w 120-B IPC and to pay a fine of Rs. 1000/- each, in default to undergo R.I for six months and for the offence under Section 201 r/w 302 IPC to undergo three years R.I., and to pay a fine of Rs. 1000/- each, in default to undergo RJ for six months, the present criminal appeal is filed by them.

2. Prosecution version:-

2.1. The appellants and the deceased-Fernandez were friends. A misunderstanding (developed between A2 and the deceased while selling Ganja. The first appellant demanded Ganja from the deceased at free of cost. On his refusal, enmity developed between them. The appellants hatched up a criminal conspiracy to kill the deceased. On 02.10.2005 at about 6.00 p.m., the appell

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