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2004 Supreme(Mad) 509

R.BANUMATHI
Suresh & Another – Appellant
Versus
Inspector of Police & Another – Respondent


Advocates Appeared: For The Appellants :B.Kumarasamy, in both appeals. For The Respondents:A.N.Thambidurai, Government Advocate. (Crl. Side) (in both appeals).

Judgment :-

Criminal Appeal No.18 of 1998: Second Accused in S.C.No.10 of 1997 on the file of Assistant Sessions Judge, Udhagamandalam is the Appellant in this appeal.

2. Criminal Appeal No. 350 of 1998: Accused Nos.3 and 4 in S.C.No.10 of 1997 on the file of Assistant Sessions Judge, Udhagamandalam are the Appellants in this appeal.

3. By the Judgment dated 01.10.1997 in S.C.No.10 of 1997, the Appellants and first Accused Chelladurai were convicted by the Trial Court for various offences and sentenced to undergo Rigorous Imprisonment.

4. Both the appeals arise out of common Judgment; common points for determination are involved in both the appeals. Hence, both the appeals were heard together and disposed of by this common Judgment.

5. Case of the prosecution could briefly be stated thus:- P.W.1 - Ponvel is the Assistant Manager in Glendale Estate, Runnymade Division, Coonoor at the time of occurrence. His wife - P.W.6 (Sujatha Ponvel) and children went to Madras. On the night of 13.04.1996, P.W.1 was alone in the Estate Bungalow. P.W.7 (Ganesan) - Watchman was outside the Bungalow.

6. Occurrence. On 13/14.04.1996 - 1.30 a.m., five persons came to the Bungalow and three of them (A.2, A.























































































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