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2009 Supreme(Mad) 1149

R.BANUMATHI, RAJA ELANGO
Ramesh – Appellant
Versus
State By Inspector of Police – Respondent


Advocates Appeared:
For the Appellant:V. Gopinath, Senior Counsel, R. Selvarangan, Advocate.
For the Respondent:P. Kumaresan, P.P.(I/c), Advocate.

Judgment

Raja Elango, J.

1. This appeal arises out of the judgment made in S.C.No.110 of 2007 by the learned Principal Sessions Judge, Dharmapuri convicting the appellant/accused for an offence under Section 302 IPC., and sentencing him to undergo life imprisonment and also to pay a fine of Rs.2,000/-, in default, to undergo rigorous imprisonment for two years. He was also convicted for the offence under Section 449 IPC., and sentenced him to undergo rigorous imprisonment for three years and also to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for one year. The sentence imposed as against the accused was ordered to run concurrently.

2. Brief facts of the prosecution case are as follows:

(i) The deceased Manjula is the wife of P.W.6 Chandrasekara Reddy. The accused is the cousin brother of P.W.6. The accused had been compelling the deceased Manjula several times for sexual intercourse. Since she had not heeded for that he decided to do away with her life. On 19.05.1998 at about 8.45 a.m. in the house of the deceased Manjula at Nanjapuram in the absence of P.W.6 Chandrasekara Reddy who is the husband of the deceased Manjula, the accused with a criminal inten



































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