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1989 Supreme(SC) 243

A.M.AHMADI, S.NATARAJAN
Anguswamy – Appellant
Versus
State Of T. N. – Respondent


JUDGMENT

AHMADI, J.—The two appellants having been convicted under Section 302/34, IPC and sentenced to death have approached this Court by way of special leave. The facts leading to their conviction are that on April 8, 1984, at about 3.15 p.m. when PW 2 was sitting near a printing press on 12th Street in Briyant Nagar the appellants came there hurling abuses at the Naicker community stating that their women deserves to be stripped naked and raped and their houses set on fire. When PW 2 objected to the use of such filthy and abusive language the first appellant challenged him by catching him by the shoulder. PW 2 brushed aside the hand of the first accused and beat him. The first appellant fell down but got up saying he would deal with PW 2 later. So saying, he along with the second appellant went towards the south. At that time, a police constable in uniform by name Sharmuga Sadaksharam (PC No. 219) (hereinafter referred to as the deceased) came there on a cycle. Since a crowd had collected he made inquiries whereupon PW 2 informed him about the incident. He also told him that both the appellants had run away towards the south. The deceased went in pursuit of the appellants on hi










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