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2000 Supreme(SC) 707

SHIVARAJ V.PATIL, G.B.PATTANAIK
Asokan: M. Balasubramaniam: Rajammal – Appellant
Versus
State Rep. By Public Prosecutor, Madras: State Of T. N. : State By D. S. P. Cb. C. I. D – Respondent


JUDGMENT

Pattanaik, J.-These three appeals arise out of one Sessions Trial, wherein the four accused persons viz. Rajammal Accused No. 1, Balasubramaniam Accused No. 2, Murugesan accused No. 3 and Asokan Accused No. 4 stood charged for different offences. Accused Nos. 1 to 3, Rajammal, Balasubramaniam and Murugesan were charged under Sections 302/34 IPC, 498A IPC and 201 IPC. Accused Nos. 1 and 3 stood further charged under Section 4 of the Dowry Prohibition Act and Accused No. 4 was charged under Section 498A IPC alone. Prosecution case in nutshell is that Accused No. 4 Asokan is the husband of deceased Porkodi and they were married on 24th of March, 1985. A1 and A3 are the parents of Asokan and A2 is his younger brother. It was alleged that on 18.6.1985 at 10 A.M. in furtherance of their common intention, they committed murder of deceased Porkodi by manual strangulation and the motive behind the strangulation was that the demand of dowry was not satisfied by the parents of the deceased. It was also alleged that the deceased had been subjected to cruelty and harassment by making unlawful demand and further after causing the murder of the deceased Porkodi, the accused persons attemp









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