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2013 Supreme(SC) 264

H.L.GOKHALE, A.K.PATNAIK
BABU – Appellant
Versus
STATE REP. BY INSPECTOR OF POLICE, CHENNAI – Respondent


JUDGMENT

A. K. Patnaik, J.:-These are appeals against the judgment dated 06.09.2007 of the Division Bench of the Madras High Court in Criminal Appeal Nos.641, 551 and 552 of 2006.

FACTS

2. The facts very briefly are that on 25.01.2004 at 22:45 hours, Dhanaprabhu (hereafter referred to as the ‘informant’) lodged a First Information Report in Police Station K.4, Anna Nagar. In this First Information Report, the informant stated: his father and he had been running a plastic company in the name of ‘Economic Plastic Industries’ and his younger brother, Ravi, is also in the said business. There was previous enmity between Ravi and one Elumalai and on 25.01.2004 at around 5.30 p.m. Elumalai telephoned to the wife of Ravi, Vijayalakshmi, and threatened her saying ‘Ask your husband to behave or else, things will be different’ and Vijayalakshmi informed this to her husband Ravi. On the same day, at around 10.00 p.m., the informant, Ravi and his friend Gubendiran were on their way to Naduvankarai Pillaiyar Kovil Street, through the Naduvankarai Bridge. While crossing the Seema Matriculation School at around 10.15 in the night, they saw Elumalai, and Ravi asked Elumalai as to why he telephone























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