ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Ravi – Appellant
Versus
State Rep. by Inspector of Police – Respondent
Judgment
Dr. Arijit Pasayat, J. —
1.Challenge in these appeals is to the Judgment of a Division Bench of the Madras High Court. Two persons have filed the appeal and the appellant Ravi was A-1 in Criminal Appeal No. 22 of 2007, and Ravi, appellant in Criminal Appeal No. 23 of 2007 was A3. Ten persons had faced trial before the learned Principal Sessions Judge, Kanyakumari. During the pendency of trial one of them i.e. A-10 died and the charge against him had abated. A-5 to A-9 were acquitted by the trial Court and the remaining four were appellants before the High Court. A1 to A4 were convicted for offence punishable under Section 302 of Indian Penal Code, 1860 (in short the ‘IPC’).
2.Prosecution version in a nutshell are as follows :
There was previous enmity between the elder brother of Albert Walter (hereinafter referred to as the deceased) i.e. Robert Victor Singh (P.W.1) and Al and one Sasi, residing at R.C. Street, Monday market. There was a case that, Al had hacked Sasiat his leg. In the murder case related to one Kumar, deceased Albert Walter was implicated as an accused. On 24.12.1991, when P.W.1 and deceased were going near Neyyoor Hospital, Al to A4 chased the deceased. On 7
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