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1987 Supreme(SC) 274

SUPREME COURT OF INDIA
A.P.Sen : V.B.Eradi
Veluswamy
Versus
State Of Tamil Nadu
Case No. : 230 of 1978
Date of Decision : 2/25/87

Headnote:

Indian Penal Code, 1860 – Section 302/307 - Cancelled and the appellant - On appreciation of the evidence – Offence of murder – Injury – Appellant stands convicted under S. 302 of the Indian Penal Code, 1860 for having committed the murder of one by stabbing him with a knife at on Road in Coimbatore District - Conviction is based on the testimony – Held, appellant is also convicted under S. 307 of the Code for having attempted to commit the murder of Public Witness testimony of Public Witness who was thus also a victim of the assault, has been accepted as true and reliable insofar as it related to the appellant by both the learned Sessions Judge and as well as by the High court - Matter rests purely on appreciation of the evidence and we find no flaw in the reasoning or the approach of the High court. The appeal is accordingly dismissed. The bail bond of the appellant shall stand cancelled and the appellant shall be taken into custody forthwith to serve out the remaining part of the sentence – Appeal dismissed

(1) THE appellant, Veluswami, stands convicted under S. 302 of the Indian Penal Code, 1860 for having committed the murder of one Samarasamm on 13/06/1975 at 10.00 p.m. by stabbing him with a knife at Perianaikenpalayam on the Mettupalayam Road, in Coimbatore District. The conviction is based on the testimony of PW 1 Ramaswami. The appellant is also convicted under S. 307 of the Code for having attempted to commit the murder of Public Witness 1 Ramaswami. The testimony of Public Witness 1 Ramaswami, who was thus also a victim of the assault, has been accepted as true and reliable insofar as it related to the appellant by both the learned Sessions Judge and as well as by the High court. The matter rests purely on appreciation of the evidence and we find no flaw in the reasoning or the approach of the High court. The appeal is accordingly dismissed. The bail bond of the appellant shall stand cancelled and the appellant shall be taken into custody forthwith to serve out the remaining part of the sentence.

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