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2008 Supreme(SC) 1828

LOKESHWAR SINGH PANTA, B.SUDERSHAN REDDY
Arun – Appellant
Versus
State by Inspector of Police, Tamil Nadu – Respondent


Advocates appeared:
For the Appellant :S.B. Sanyal, Sr. Adv., S. Mahendran, Advocates.
For the Respondent:S. Thananjayan, Advocate.

JUDGMENT

B. Sudershan Reddy, J. —

1. The appellant has preferred this appeal under Section 379 of the Code of Criminal Procedure read with provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 impugning the judgment and order of the Madurai Bench of Madras High Court in Criminal Appeal (MD) No. 279 of 2005 whereby the High Court reversed the judgment of acquittal against the appellant, who was tried along with seven other co-accused, recorded by the Additional Sessions Judge, (Fast Track No. 2) Trichirapalli in Sessions Case No. 149 of 2004. The High Court accordingly convicted the appellant for the offence punishable under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life.

2. The prosecution case, in brief, is that Venkatesan Seshastripuram (the deceased) was living together with his wife Sripriya (PW-1), mother Padmaja (PW-2) and other family members at No. 15/1A, Seahadri Road, Srirangam. The deceased was in the business of pharmaceuticals. On 22.10.2003, at about 8.45 p.m. the deceased came back to his house from the work in drenched condition. He took out the cash from his shirt pocket, k





































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