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2012 Supreme(SC) 353

A.K.PATNAIK, SWATANTER KUMAR
Alagupandi @ Alagupandian – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant:B. Sridhar, Advocate.
For the Respondent:B. Balaji, M. Anbalagan, Advocate.

Judgment :-

Swatanter Kumar, J.

1. The present appeal is directed against the judgment of the Madras High Court, Madurai Bench dated 28th February, 2007, affirming the judgment of conviction and order of sentence dated 19th July, 2004 passed by the Principal Sessions Judge, Madurai holding the accused/appellant guilty of an offence under Section 302 IPC and awarding sentence of life imprisonment and also to pay a fine of Rs. 2,000/-, in default, to undergo rigorous imprisonment for one year.

2. The facts necessary for disposal of the appeal can be stated as follows:-

Tamilarasi, the deceased, was the second wife of one Karuppaiah. After the death of her husband, she was residing at Sikkandarchavadi and was enjoying the properties left by her deceased husband and collecting the rent from the properties. Accused Alagupandi is the son of Karuppaiah, from his first wife. Accused, after the death of his father, used to demand money from his step mother for which there used to be quarrel between them.

3. On the midnight of 13th / 14th January, 2002, when the deceased was sleeping with her two sons namely Prabakaran, PW7, and Vinothkumar, PW8, the accused entered into the house with a kn















































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