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2006 Supreme(Mad) 2234

A.C.ARUMUGAPERUMAL ADITYAN, M.KARPAGAVINAYAGAM
Aru Paiyan @ Arumugam & Others – Appellant
Versus
The State by The Inspector of Police – Respondent


Appearing Advocates:For the Petitioners:V.K. Muthusamy, Senior Counsel for Mr. C. S. Saravanan, Advocate. For the Respondent: P. Kumaresan, Additional Public Prosecutor.

Judgment :-

A.C. Arumugaperumal Adityan, J.

The facts led the accused for conviction at the hands of the I Additional Sessions Court, which has been challenged before this Court in this appeal are as follows.

a) There was originally seven accused cited in the First Information Report. The accused A3 Madesh and A7 Kuppan died even before the commencement of the trial before the Sessions Court. A5, Kandhan died during the course of the trial. All the remaining accused who had faced the trial were found guilty under Sections 302, 302 read with 149, 148, 324, 324 read with 149, 326 of I.P.C. A1 to A4 who had faced the trial were convicted and sentenced under the above said provisions of law to undergo Life Imprisonment, one year Rigourous Imprisonment and 2 years Rigourous Imprisonment, etc.,

b) It is the case of the prosecution that the daughter of the deceased, Palani eloped with one Palanisamy, who is the son of the aunt of A1 and A2. Since the deceased and his brothers P.Ws.1 and 2 suspected that the accused persons are giving asylum to the said palanisamy and the daughter of the deceased. On the date of occurrence i.e., on 07.08.1991. On hearing some noise from one Sengodan, thinkin
































































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