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2024 Supreme(SC) 272

ABHAY S. OKA, UJJAL BHUYAN
Amudha – Appellant
Versus
State Represented by the Inspector of Police – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M.P. Parthiban, AOR
For the Respondent(s): Mr. Aravindh S., AOR Ms. Ekta Muyal, Adv. Ms. Kavita Kumari, Adv.

JUDGMENT :

ABHAY S. OKA, J.

FACTS

1. The appellant is accused no. 4, who has been charged with an offence punishable under Section 306 of the Indian Penal Code (for short ‘the IPC’). The appellant filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’) before the High Court of Judicature at Madras. By the impugned judgment, the petition has been rejected.

2. The second respondent is the complainant. The second respondent had five brothers and two sisters. The deceased (Kanagasabha) was one of her two younger brothers. All of them were married except the deceased. On 5th March 2020, the deceased allegedly committed suicide by consuming poison. There was a dispute between the deceased and his elder brother Baskar @ Annamalai. Another brother of the deceased, Anandraj, had constructed a new house, which he sold to the deceased. However, the said house was occupied by Annamalai, his wife, son, and daughter Amutha (appellant). According to the case of the second respondent, Annamalai refused to vacate the house and filed a civil suit against the deceased. Though Annamalai (co-accused) failed in the suit, he declined to vacate the house. Therefo

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