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2004 Supreme(Mad) 1666

R.BANUMATHI
State by Public Prosecutor – Appellant
Versus
Sathasivam & Others – Respondent


Advocates Appeared: For The Appellant:V.Jayaprakash Narayanan, Government Advocate, (Criminal Side). For The Respondents:V.Gopinath, Advocate, R1, M/s. K. Selvarangan, Senior Counsel, K.Asokan, Advocate, R2 to R4, M/s. Gita Asokan, Senior Counsel.

Judgment :-

For the Custodial Death of Vasantha, Respondents / Police Personnel were charged for the offence under Sec.306 I.P.C and other offences in S.C.No.190 of 1995 on the file of Principal Assistant Sessions Judge, Cuddalore. By the Judgment dated 14.08.1996, the Principal Assistant Sessions Judge, Cuddalore has acquitted the Respondents / Accused of all the charges. Aggrieved over the Judgment of Acquittal, State has preferred this Appeal.

2. Facts, which led to the present Appeal could be stated thus:-

A-1-Sadasivam was S.I.Police; A-2-Sundaramurthy-H.C.313; A-3-Gunasekaran-Gr.I. P.C.642; A-4-Kasirajan-PC 1748; and A-5-Rahamathullah-PC.1361 attached to Muthandikuppam Police Station.

3. Deceased - Vasantha is the Second Wife of P.W.1-Natesa Padayachi. P.W.5-Krishnamurthy is the Brother and P.W.7-Sellabangi is the Sister of P.W.1. P.W.3-Pattayee is the Moter of P.W.2-Srinivasan. P.W.6-Rajavelu is the Father of the Deceased.

4. P.W.2-Srinivasan was working in the house of P.W.1 and developed friendship with Deceased-Vasantha. On 14.03.1994, P.W.2 eloped with Deceased-Vasantha and both of them stayed in Pondicherry. Regarding missing of Vasantha, P.W.1 preferred a Complaint in M
























































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