Allowed

Murugan v. The Inspector of Police

Madras HC25 Oct 2024CRL A(MD)/267/2020

Case brief

AI extract

What is this about?

Madras High Court quashed convictions of ten appellants for murder and affray. The High Court held there was zero evidence linking accused to specific overt acts, as direct witnesses only saw accused fleeing in the dark, and no Section 149 charge was framed. Appeals allowed despite some recovery of weapons.

What did the court decide?

Judgment of trial court setting aside; appellants acquitted and set at liberty forthwith; bail bonds cancelled and fines refunded.

Murugan Vs The Inspector of Police — Murder and Culpable Homicide | Madras HC (2024)

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Crl.A.(MD)Nos.267 and 281 of 2020 and 28 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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RESERVED ON: 26.09.2024

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PRONOUNCED ON : 25.10.2024

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CORAM

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THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND THE HON'BLE MS.JUSTICE R.POORNIMA

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Crl.A(MD)Nos.267 and 281 of 2020 and 28 of 2021

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Murugan ... Appellant in Crl.A(MD)No.267 of 2020 1.Pandi 2.Premkumar ... Appellants in Crl.A(MD)No.281 of 2020 1.Kannan 2.Balamurugan ... Appellants in Crl.A(MD)No.28 of 2021 vs

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The State represented by The Inspector of Police, Rajathani Police Station, Theni District. (in Cr.No.16 of 2017) ...Respondent in all cases

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COMMON PRAYER: Criminal Appeals filed under Section 374(2) of the Criminal Procedure Code, to call for the records from the lower Court and duly set aside the judgment passed by the learned Additional District and Sessions Judge, Theni, Theni District in S.C.No.166 of 2017 dated 03.03.2020 and acquit the appellants.

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Charge	Accused	Sentence
	A1	No separate sentence is imposed as he is sentenced u/s 148.
	A2	No separate sentence is imposed as he is sentenced u/s 148.
	A3 to A6	Acquitted under Section 235(1) of Cr.P.C.
No.1 u/s 147 IPC	A7 to A9	Convicted and sentenced to undergo Rigorous imprisonment for a period of one year for each and to pay a fine of Rs.1000/- each i/d one month simple imprisonment for each. Total fine amount Rs.3000/-
	A10	Acquitted under Section 235(1) Cr.P.C.

No.2	u/s	148	A1	and	Convicted and sentenced to
IPC			A2		undergo rigorous imprisonment for a period of two years for each and to pay a fine of Rs.1000/- each i/d one month simple imprisonment for each. Total fine amount Rs.2000/-.
			A5 A6	and	Acquitted under Section 235(1) Cr.P.C.
No.3 294(b	)IPC	u/s	A1 A10	to	Acquitted under Section 235(1) of Cr.P.C.
No.4 IPC	u/s	323	A7 A10	to	Withdrawn u/s 224 of Cr.P.C.
No.5 IPC	u/s	302	A1, and A9	A2 A7 to	Convicted and sentenced to undergo life imprisonment under Section 302 IPC with a fine of Rs.5000/- each in default to undergo further period of one year simple imprisonment. Total fine amount Rs.25,000/-
			A3, A5, and	A4, A6 A10	Acquitted under Section 235(1) Cr.P.C.

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A compact analysis

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