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2012 Supreme(SC) 838

SWATANTER KUMAR, MADAN B.LOKUR
Raju @ Balachandran – Appellant
Versus
State of Tamil Nadu – Respondent


Judgment :-

Madan B. Lokur, J.

1. The issue before us is whether the Trial Court and the High Court were both right in believing the testimony of PW-5 Srinivasan, a related and interested witness, that his brother Veerappan and his mother Marudayi were murdered by the appellants. Whether such an issue is of such public importance that it requires a decision from this Court is moot. But, be that as it may, we find no reason to disbelieve the witness and agree with both the Courts that his evidence should be accepted.

2. Accordingly, we uphold the conviction and sentence of the appellants for having committed the murder of Veerappan and Marudayi.

The facts:

3. Appellant No. 1 (Raju @ Balachandran) is the father of appellant No. 2 (Rajkumar) and of appellant No. 3 (Sekar).

4. The case of the prosecution was that there was some enmity between the appellants and Veerappan relating to a ritual called “Mandu Vettal” performed before worshipping God in their village. The enmity dated back to about 4 or 5 years prior to the incident that we are concerned with.

5. On 4th May 2003 at about 5.30 a.m. Veerappan had gone to the tea shop of PW-7 Kamaraj and was returning along with PW-1 Thangavel and PW
















































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