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1981 Supreme(Mad) 264

M.N.MOORTHY
Karuppiah Servai and Others – Appellant
Versus
Nagavalli Ammal – Respondent


Advocates Appeared:A. A. Selvan, M. Hameed Mohideen, Advocates.

Judgment :-

First accused for an offence under Section 495 I.P.C. and accused 2 to 7 for an offence under Section 495 read with Section 109 I.P.C. faced trial before the Judicial First Class Magistrate I, Madurai. The learned Magistrate acquitted accused 5 to 7 and convicted accused 1 to 4 as charged and sentenced them to six months rigorous imprisonment. Against the conviction and sentence, accused 1 to 4 filed an appeal before the learned Additional Sessions Judge at Madurai in Crl. A.P. 13 of 1979, The learned Sessions Judge dismissed the appeal, confirming the conviction and sentence passed by the trial court. The present petition is by accused 1 to 4 against the conviction and sentence confirmed by the lower appellate court

2. The case of the prosecution is briefly as follows : Accused 1 and 4 are the sons of accused 2 and 3. The complainant, P.W. 1, was living with her maternal uncle, P.W. 2. Accused 2 to 4 negotiated marriage alliance for the first accused and P.W. 1 and negotiations were successful and P.W. 1 and the first accused were married on 27-3-1978, in Tiruparankundram Murugan temple. After a few days of the marriage, P.W. 1 came to know that the first accused had al










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