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1997 Supreme(Mad) 330

N.ARUMUGHAM, R.BALASUBRAMANIAN
John David – Appellant
Versus
State by Inspector of Police, Mannachanallur Circle (Law and Order) Samayapuram Police Station – Respondent


Advocates:
G. Jawaharlal, Advocate for the Appellant. Babu Muthu Meeran,
Government Advocate (Crl.Side) on behalf of the State.

Judgment :

R. Balasubramanian, J.

Accused in Sessions Case No.100 of 1987 on the file of Principal Sessions Judge, Tiruchirapalli has filed this appeal questioning the judgment dated 210. 1987 rendered by the learned trial Judge in the above mentioned case, convicting the appellant for an offence under Sec.302, I.P.C. and sentencing him to undergo Rigorous Imprisonment for life.

2. P.W. 1 is a resident of Anna Nagar in Purathangudi. His first wife died in the year 1972 and thereafter in the year 1976 he married one Amaravathi as his second wife. Amaravathy is the deceased in this case. P.W.1 has a vegetable shop in the bus stand at Purathangudi. Dhanaraj is the father of the accused and he resides at Irungalur. Before the occurrence, the deceased Amaravathy and Dhanaraj, the father of the accused developed illicit intimacy between them. The accused did not like this and he has been cautioning his father about that. On 3. 1987 the deceased Amaravathy gave a complaint Ex.P-14 to the Police stating that the accused has assaulted her. On 3. 1987 evening the Sub Inspector of Police, Samayapuram, P.W.12 went to Irungalur and enquired the deceased Amaravathy, accused his father Dhanaraj, D



















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