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2016 Supreme(SC) 875

DIPAK MISRA, AMITAVA ROY
NATHIYA – Appellant
Versus
STATE REP. BY INSPECTOR OF POLICE, BAGAYAM POLICE STATION, VELLORE – Respondent


JUDGMENT

AMITAVA ROY, J.

The appellants being aggrieved by the affirmation of their conviction under Section 302 read with Section 34 IPC and the sentence of life imprisonment and fine of Rs. 10000/-, in default R.I. for further six months, by the High Court by its verdict dated 27.11.2008, seek this Court's panacean intervention for redress.

2. We have heard Mr. Jayant Muthur Raja, learned counsel for the appellant Nathiya, in Criminal Appeal No. 1015 of 2010, Mr. P.R. Kovilan, learned counsel for the appellant Suresh, in Criminal Appeal No. 1011 of 2010 and Mr. M. Yogesh Kanna, learned counsel for the State.

3. The prosecution was set in motion by the First Information Report lodged on 27.3.2006 at 2.30 a.m. by one Gunasekaran, the cousin brother of the deceased Gurunathan, the husband of the appellant Nathiya (accused No. 1). The appellant Suresh (accused No. 2 ) is allegedly the paramour of accused No. 1. It was averred in the FIR that the deceased was a book binder by occupation and owned some properties located in his village, worth several lakhs. He also had his own house. The house of the appellant Suresh was also situated nearby. It had been alleged that the appellant Nath




































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