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2008 Supreme(SC) 1681

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
A. Maharaja – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant :P.V. Yogeswaran, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the conviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short ‘the IPC’) and sentenced him to undergo imprisonment for life and also to pay a fine of Rs.1,000/- with default stipulations, as recorded by the Principal Sessions Judge, Madurai, in S.C. No.189 of 2005.

3. The prosecution version, in a nutshell, is as follows.

PW-1 is the wife of PW-4. The accused and PW-4 are the sons of Alagu Ambalam (hereinafter referred to as the ‘deceased’). PW-2 is the son of PW-1. Alagu Ambalam had certain immovable properties which he partitioned 10 years before the occurrence, and he regained a piece of land namely 10 cents, which is a poramboke, for his livelihood. The accused was insisting him to give that land also. There arose a civil dispute between them. It also ended in favour of Alagu Ambalam. On the day of occurrence i.e, 26.05.2003 at about 7.00 A.M., PW-1 was going to the garden to pluck vegetables. At that time, her father-in-law, the said Alagu Ambalam, was cutting Karuvela tree















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