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2023 Supreme(SC) 714

B. R. GAVAI, VIKRAM NATH
Nagaraj Reddy – Appellant
Versus
State of Tamil Nadu – Respondent


JUDGMENT :

B.R. Gavai, J.

1. This appeal challenges the judgment and order dated 31st March 2022, passed by the High Court of Judicature at Madras in Criminal Appeal No. 34 of 2019, wherein the High Court dismissed the appeal preferred by accused No. 1, appellant herein, against the judgment and order of conviction dated 20th December 2018, passed by the Additional District and Sessions Judge, Hosur (hereinafter referred to as ‘trial court’), in S. C. No. 7 of 2007, for the offences punishable under Sections 302 and 341 of the Indian Penal Code, 1860 (for short ‘IPC’), sentencing him to undergo life imprisonment.

2. The case of the prosecution in a nut shell is as follows:

2.1. One Rajappa (the deceased) along with all other accused persons, including the appellant herein, hail from Oozhiyalam village in Krishnagiri district. It is pertinent to note that the deceased and the accused persons belong to different communities. Radha (PW3), wife of Rajappa, was the president of the local Outreach Women Self Help Group.

2.2. A portion of land in Oozhiyalam village was purchased by the aforesaid Self Help Group. To build a compound wall around the said land, a contract for building the same wa

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