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2019 Supreme(SC) 375

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR, INDIRA BANERJEE
P. Rajagopal – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the State :Mr. Sushil Kumar, Sr. Advocate, Mr. Aishwarya Bhati, Advocate, GP. Capt. Karan Singh Bhati, Advocate, Mr. Jaideep Singh, Advocate, Mr. Aditya Kumar, Advocate, Mr. S. Rathnakaran, Advocate, Ms. Chitrangada Rastravara, Advocate, Mr. T. Gopal, Advocate, Mr. Adarsh Kr. Tiwari, Advocate, Ms. Tanuja Patra, Advocate, Ms. Vaidruti Mishra, Advocate, Mr. Damodar Solanki, Advocate, Ms. Biswabara Dash, Advocate, Mr. S.S. Rawat, Advocate and Mr. Aishwarya Bhati, Advocate, for the Appellant; Mr. Balaji Srinivasan, AAG, Mr. M. Yogesh Kanna, Advocate and Mr. S. Partha Sarathi, Advocate

JUDGMENT

Mohan M. Shantanagoudar, J.

Leave granted in SLP (Crl.) Nos. 9261-9262 of 2015.

2. The judgment dated 19.03.2009 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 668-669 of 2004 is in question in these appeals. The appellants herein have been convicted and sentenced for the offences punishable under Sections 365 and 352 of the Indian Penal Code (hereinafter "the IPC").

3. The brief facts leading to these appeals are as under:

Accused No. 1, the proprietor of a chain of hotels (Saravana Bhavan) allegedly had the illegal intention of taking PW1 Jeevajothi, (aged about 21 years at the time of commission of the offence) as his third wife, even though his second wife was still alive and Jeevajothi was married. The family of PW1 had been acquainted with Accused No. 1 since 1994, and he had even given a managerial job to the father of PW1 in one of his hotels. PW2 is the mother of PW1. Their family hailed from Thethakudi village near Vedaranyam, and had come to Chennai and settled there after selling all their properties at Thethakudi and clearing all debts. They had come to Chennai with about Rs.4.5 Lakhs, which they deposited with Accused No. 1, who gave the

















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