R.BANUMATHI, RAJA ELANGO
Paramasivam & Others – Appellant
Versus
State rep. by Inspector of Police – Respondent
R. Banumathi, J.
1. This appeal arises out of Judgment in S.C.No.189/2005 convicting A1 to A3 U/s.364 IPC and A1 U/s.302 IPC and A2 and A3 U/s.302 r/w 34 IPC and sentencing them to undergo 3 years RI for the proved charge of abduction and imposing life imprisonment for the proved charge of murder and also imposing fine. A4 to A7 were acquitted of the charges levelled against them.
2. The case of prosecution in a nutshell are as follows:-
Deceased Mani @ Parai Mani took lease of the land in S.F.No.427/1 of Vadapudur village belonging to PW3-Krishnasamy and PW6-Ramasamy. A6-Nagarathinam was the neighbouring land owner and sister-in-law of PWs.3 and 6. Since A1-Paramasivam and A6-Nagarathinam threatened the deceased not to break the stone, deceased Mani @ Parai Mani filed suit O.S.No.5/2004 before DMC, Pollachi for Permanent Injunction restraining A6 and PWs.3 and 6 from interfering with quarrying. There was animosity between the deceased and the family of A6-Nagarathinam.
3. About 10 days prior to the date of occurrence, A1-Paramasivam, A6-Nagarathinam and A7-Revathi threatened the deceased. About 4 days prior to the date of occurrence, A2-Selvaraj @ Selvan and another person
9. Swamy Shraddananda v. State of Karnataka (2007) 12 SCC 288 : (2008) 3 MLJ (Crl) 875
2. Sucha Singh v. State of Punjab AIR 2001 SC 1436 : (2001) SCC (Cri) 717
8. Geejaganda Somaiah v. State of Karnataka AIR 2007 SC 1355 : (2008) 1 MLJ (Crl) 1102
5. Swamy Shraddananda v. State of Karnataka (2007) 12 SCC 288 : (2008) 3 MLJ (Crl) 875
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