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2012 Supreme(SC) 367

A.K.PATNAIK, SWATANTER KUMAR
Sahadevan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K. V. Viswanathan, Sr. Adv., B. Ragunath, Jaishree Viswanathan, T. Sakthi Kumaran, Vijay Kumar and Abhishek Kaushik, Advs.
For Respondents/Defendant: B. Balaji, Adv.

JUDGMENT

Swatanter Kumar, J.

1. The present appeal is directed against the judgment of the High Court dated 27th September, 2006 vide which the High Court affirmed the judgment of conviction and order of sentence dated 31st December, 2003 passed by the Trial Court. The prosecution case is that Smt. Kamalal, PW-2 was married to one Yoganandan @ Loganathan, the deceased. The accused No. 1, Chandran is the brother of Kamalal (PW2), accused No. 2, Sahadevan, and accused No. 3, Arul Murugan, were the friends of accused No. 1. PW2 was being ill-treated by Loganathan, her husband. Being her brother, accused No. 1 thought that if he murdered Loganathan, life of his sister would be peaceful. Thus, accused No. 1 and his friends (the other two accused) entered into a criminal conspiracy to commit murder of Loganathan. According to PW-5, Karuppuswamy, when he was talking to one Chinnaswamy at a three star hotel near the Neruparichal bus stand at about 10 p.m. on 9th July, 2002, he saw Sahadevan driving a TVS moped in Povmmanayakkampallayam road, while two other persons were sitting as pillion riders. The vehicle was proceeding towards west. After a while, one of them came back and again went in






























































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