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2002 Supreme(Mad) 824

P.SHANMUGAM, M.CHOCKALINGAM
Thalavai & Another – Appellant
Versus
The State – Respondent


Advocates Appeared: For the Appellants:Mr.P.N.Prakash for M/s.Anand, Abdul and Vinoth Associates. For the Respondent: Mr.S.Jayakumar, Additional Public Prosecutor.

Judgment :-

M. CHOCKALINGAM, J.

The appellants have preferred this appeal from the judgment and sentence passed by the learned District Additional Sessions Judge, Tirunelveli in S.C.No.186 of 1993.

2. The appellants herein ranked as A-1 and A-2 respectively along with A-3 one Arumuga Thevar faced a trial before the Court of Sessions, where the first appellant was charged under S.302 of I.P.C., while the second appellant was charged under S.302 read with S.109 of I.P.C., and the third accused was charged under S.302 read with S.114 of I.P.C. The learned Additional Sessions Judge found both the appellants guilty on the above charges and awarded life imprisonment, while he acquitted the third accused.

3. The case of the prosecution can shortly be stated as follows:

P.W.1 Ramasamy Pillai was residing at Cheranmahadevi. His daughter P.W.2 Puspam was given in marriage to the deceased Velu. The deceased Velu and the second appellant/A-2 were brothers. The first appellant/A-1 is the son of A-3. The second appellant had illicit contact with a lady by name Lakshmi in Mukkoodal. The deceased Velu questioned the second appellant over the same. One day, Velu beat the said lady in a public bus stan
















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