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2009 Supreme(Mad) 1497

R.BANUMATHI, RAJA ELANGO
Ansari – Appellant
Versus
State rep. by Inspector of Police, Walajabad Police Station, Kanchipuram Dist. – Respondent


Advocates appeared:
For the Petitioners:T.R. Radhakrishnan, Advocate.
For the Respondent: P. Kumaresan, Public Prosecutor.

Judgment

R. BANUMATHI, J.

This appeal arises out of the judgment in S.C. No. 259 of 2005 on the file of Addl. Sessions Judge, Fast Track Court No. II, Kancheepuram, convicting the appellant/Second accused under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1,000/-.

2. Case of the prosecution in nutshell is as follows: A1 to A3 and the deceased were associates. In the village, one Elumalai and Kumutha fell in love with each other. Objections were raised by the boy’s side. A1 was supporting the boy side, while the deceased was supporting the girl side. Thus, A1 and the deceased were in inimical terms. On the date of occurrence i.e., on 12. 2001, when P.W.1 was sitting and chatting with one Ramalingam, along with the deceased, four persons came in TVS Suzuki motorbike and were proceeding towards Railway Station Road and they stopped the vehicle under a Tamarind Tree and talked for some time and they returned on the same way and went behind the School. The deceased disassociated with the accused and went near a bush. Thereafter, on hearing the distress cry, P.W.1 rushed over there and saw the deceased being attacked by all the three accused






















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