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2023 Supreme(SC) 299

B. R. GAVAI, SANJAY KAROL
Udayakumar – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Dharmendra Kumar Sinha, AOR
For the Respondent(s): Mr. V. Krishnamurthy, Sr. Adv. Dr. Joseph Aristotle S., AOR Mr. Shobhit Dwivedi, Adv.

JUDGMENT :

SANJAY KAROL, J.

1. The Appellant Udayakumar (A-2) stands convicted by both the courts below for murdering one Purushothaman, thus having committed an offence punishable under Section 302 of the Indian Penal Code, 1860. Consequently he is sentenced to suffer imprisonment for life. However, in relation to an offence under Section 120-B of the Indian Penal Code, 1860 he stands acquitted vide impugned judgment delivered by High Court dated 15.03.2010 in Criminal Appeal Nos. 17, 22 and 24 of 2010 titled as Udayakumar and Others vs. State of Tamil Nadu.

2. Significantly, in terms of the very same impugned judgment, the other two co-accused persons namely Panneer Dass (A-1) and Periyasamy (A-3) stand acquitted in the relation to both the offences i.e. Section 302 and Section 120-B of the Penal Code.

3. As a result, the present appeal filed by convict, Udayakumar (A-2).

4. Prosecution through the testimonies of 23 witnesses has tried to establish complicity of all the three accused on the prognosis that Panneer Das (A-1) was having business relationship with the deceased (Purushothaman). Since certain disputes and business rivalry emerged between the two, the former harboured a grud

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