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2008 Supreme(SC) 891

P.SATHASIVAM, MUKUNDAKAM SHARMA, ARIJIT PASAYAT
S. Panneerselvam – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
Mr. Nagendra Rai, Senior Advocate, Mr. K.V. Viswanathan, Mr. S. Balaji. Mr. P.B. Suresh, Mr. Vipin Nair, Mr. Vivek Sharma, M/s. Temple Law Firm and Dr. Kailash Chand, Advocates with him for the Appellant.
Mr. R. Shunmugasundaram, Senior Advocate, Mr. V.G. Pragasam, Mr. S.J. Aristotle and Mr. Prabu Ramasubramanian, Advocates with him for the Respondent.

DR. ARIJIT PASAYAT, J.

1. These two appeals have their matrix in a common judgment of a Division Bench of the Madras High Court disposing of three criminal appeals preferred under Section 374 of the Code of Criminal Procedure, 1973 (in short ‘CrPC), against the judgment of the Principal Sessions Judge, Thanjavur in Sessions case nO.65 of 1994 dated 13.5.1997. Five persons had faced trial for alleged commission of murder of one Arunbharathi @ Jynarab (hereinafter referred to as the deceased). They were convicted for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short •IPC). So far as A 1, A2 and A5 are concerned, each was sentenced to undergo imprisonment for life. A 1, A2 and A5 were convicted for offence punishable under Section 348 IPC and sentenced to one year RI each. A1 was charged for commission of offence punishable under Section 201 IPC and sentenced to undergo one year RI and A2 and A5 were convicted for offence punishable under Section 201 read with Section 34 IPC and each was sentenced to undergo RI for life.

2. A 1 was Head Constable, while A2 was a Constable A3 was a Writer, and A4 was a Pere Constable. All of them were att



















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