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2019 Supreme(SC) 1352

UDAY UMESH LALIT, INDU MALHOTRA
Raja – Appellant
Versus
State by The Inspector Of Police – Respondent


Advocates Appeared:
For the Appellant(s) :Rahul Shyam Bhandari, Bhavya Vijay Tangri, Kaustubh Shukla, Gopal Sankaranarayanan, K. Paari Vendhan, Prabu Ramasubramanian, Sabarish Subramanian, Raghunatha Sethupathy, Y. William Vinoth Kumar, Vishnu Unnikrishnan, Advocates
For the Respondent(s):M. Yogesh Kanna, Meha Aggarwal, Advocates

JUDGMENT :

Uday Umesh Lalit, J.

1. Criminal Appeal No. 740 of 2018 (preferred by original Accused No. 1) and Criminal Appeal Nos. 1608-1609 of 2018 (preferred by original Accused Nos. 2, 3, 5 and 6) challenge the common judgment and order dated 27.04.2016 passed by the High Court of Judicature at Madras dismissing Criminal Appeal Nos. 604 of 2012 and 92 of 2013 preferred by said accused as well as original Accused No. 4 (who is stated to have expired since then).

2. The case of the prosecution as set out in paragraphs 2.1 to 2.3 of the judgment under appeal is as under:-

    2.3 Around 09.30 p.m., they went to the respective place to sleep. When they were fast asleep, around 01.00 a.m. on 28.05.1999, these appellants (accused 1 to 6) came to the house of the deceased in order to commit dacoity. They first went into the tractor shed and started mounting attack with deadly weapons on the deceased. The deceased cried for help which awakened P.W.2. These accused indiscriminately attacked P.W.2 also. She raised alarm and cried for help. On hearing the cry of the deceased and P.W.2, P.W.1 who was sleeping in the room situated on the western portion of the house, opened the main door from inside


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