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1997 Supreme(Mad) 134

R.BALASUBRAMANIAN, N.ARUMUGHAM
Loganathan and others – Appellant
Versus
State – Respondent


Advocates:
V. Gopinath, Senior Counsel, for S. Venkateswaran, for Appellants. Babu Muthu Meeran, Government Advocate, for State.

Judgment :

R. Balasubramanian, J.

The appellants are A-1 to A-3 in S.C.No.49 of 1987 on the file of the Court of Sessions, Coimbatore Division at Coimbatore. They along with one Karuppanna Thevar were tried for the following offences: A-1 to A-3 were tried for an offence under Sec.302, I.P.C. read with Sec. 34, I.P.C. A-4 was tried for an offence under Sec. 302, I.P.C. read with Sec.109, I.P.C. Learned trial Judge after analysing the entire evidence placed before him, found the fourth accused not guilty of the offence alleged against him. However on the same set of evidence, learned trial Judge found A-1 to A-3 guilty of the offence under Sec.302, I.P.C. read with Sec.34, I.P.C. and sentenced them to undergo rigorous imprisonment for life. Accused 1 to 3 in the said case challenging the above referred to conviction and sentence in the present appeal.

2. The occurrence is stated to have taken place on the night of 8. 1986 and the early morning of 8. 1986 i.e., at about 2.30 a.m. The deceased is the wife of P.W.1. P.W.1 in his evidence states that his first wife Valliammal is dead. After her death, he married his elder sister’s daughter Pappammal alias Krishnaveni as his second wife.






































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