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2011 Supreme(SC) 81

HARJIT SINGH BEDI, CHANDRAMAULI KR.PRASAD
Subramani – Appellant
Versus
State rep. by inspector of police – Respondent


JUDGMENT

Harjit Singh Bedi, J.

1. This appeal arises out of the following facts:

The deceased, Manoharan, was residing with his third wife PW-1 in Vendambadi Kudi Street. He was also claiming a share in the bank deposits left in the Cooperative Bank at Namakkal, by his aunt. This claim was opposed by A-1, his father, A-2 and A-3, the husbands of his sisters, A-4 son of A-2, A-5 his second wife and A-6 the brother of A-5, and there was some amount of friction between them on account of these conflicting claims. At about 1:30 a.m., on the 6th January, 2002, PW-1 and the deceased were sleeping in their house when A-3, A-5 and A-6 armed with bamboo sticks, A-4 armed with a reaper and A-1 with a stone reached that place and on the exhortation of A-1 that the deceased should be finished off, he was attacked by all the accused. The deceased also attempted to escape but in that effort he fell down whereupon A-4 hit him on the skull, A-2 attacked him with a knife and A-1 with a stone on his head. PW-1, who had seen the incident, went close to her husband and found that he was dead. She immediately went to the Panchayat President who directed her to approach the police. She accordingly reached





































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