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M.KARPAGAVINAYAGAM, P.THANGAVEL
Oorkaval Perumal – Appellant
Versus
State rep. by Inspector of Police – Respondent


Advocates:
Counsel for the parties:
For the Appellants :Mr. S. Shanmugavelayutham, Advocate.
For the Respondent: Mr. E. Raja, Addl. Public Prosecutor.

Judgment

M. Karpagavinayagam, J.— The appellants are A1 and A3 to A6 respectively along with A2, they were tried for the offences under sections 148 and 302 read with 149 I.P.C. The trial court acquitted A2 and convicted A1 and A3 to A6 for the offence under sections 148 and 302 read with 149 I.P.C. and sentenced them each to undergo R.I. for one year for the

offence under section 148 I.P.C. and life imprisonment for the offence under section 302 read with 149 I.P.C. Aggrieved by the same, this appeal has been filed.

2. The case of the prosecution in brief is as follows :

“(a) The deceased Santhanaraj, who belongs to Harijan community is the husband of papa (P.W. I). The accused 1 to 6 belong to Thevar comm-unity. There is an enmity between these two comm-unities. Both the community people conducted Pongal festival separately. Even in their independent festival, dispute arose between them. Consequently, on a complaint given by the person who belongs to Thevar comm-unity, a criminal case was filed against 13 persons be-longing to Harijan community in which the deceased San-thanaraj was one of the accu-sed. After the registration of the case, one Sudalaimuthu, the brother of the ap

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