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SUJATA V.MANOHAR, M.M.PUNCHHI
Pandian @ Veerapandian – Appellant
Versus
State of Tamil Nadu – Respondent


JUDGMENT

Mrs. Sujata V. Manohar, J-This is an appeal by the original accused No.1 Pandian @ Veerapaqdian from a judgment of the Division Bench of the High Court of Madras convicting him under Section 120-B read with Section 304 Part I of the Indian Penal Code. He has been sentenced to seven years rigorous imprisonment. The prosecution case briefly is as follows

2. One Kunju @ Govindraj who was the paternal uncle of PW 1 Raja and was related to accused Nos. 1 and 2 had contested the Presidentship of" the village Panchayat in 1986. His opponent was PW 4 Dhanamani. PW 4 won the election. Deceased No.1 had supported PW 4 offering him financial aid and support while accused No.1-the present appellant, was a strong supporter of Kunju @ Govindraj. There was there fore enmity between accused No.1 and PW 1 on the one side and deceased No.1 and the others on the other side. Accused No.1 was a Panchayat Union Contractor The bills which were due to him were not passed for payment and he presumed that this was due at the instance of PW 4 and his men. The stopping of payment led to a quarrel between accused No. 1 and PW 4 on 23.4.1986. In respect of this incident PW 4 had preferred a complaint a

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