R.BANUMATHI, RAJA ELANGO
Saravanan – Appellant
Versus
State rep. by Deputy Superintendent of Police Brammadesam Police Station Tindivanam – Respondent
Per Mrs. R. BANUMATHI, J.
1. This Appeal arises out of judgment dated 31. 2008 in S.C. No. 58 of 2000 on the file of learned Special Judge (Principal Sessions Judge), Villupuram, convicting appellant/A3 – Saravanan under Section 302 IPC read with. Section 3(2)(v) of S.C./S.T. (P.A) Act 1989 and sentencing him to undergo life imprisonment and also imposing a fine of Rs. 2,000/-. Trial Court acquitted A2 to A5 and A6 to A8 of various charges.
2. Case of prosecution in a nut-shell is as follows:
(i) P.W.3 – Mary is the wife of deceased Arunagiri. The deceased Arunagiri is Aunt’s son of P.W.1 – Venkatesan. P.W.4 – Parvathi is the mother of deceased Arunagiri. P.W.2 – Kumaravel is the brother of deceased Arunagiri. Appellant/A3 – Saravanan is the son of A4 – Natesan. A6 – Rajendran, A7 – Singaram and A8 – Thangarasu are brothers. The deceased Arunagiri belonged to Hindu, Adi-Dravidar Community and A1 to A5 belonged to Hindu, Vanniyar Community.
(ii) Deceased Arunagiri paid Rs. 1,000/- to A1 – Arumugam. Arunagiri and P.Ws. 1 & 2 viz., Venkatesan and Kumaravel, demanded to return the amount. On instigation by A1 – Arumugam, appellant/A3 – Saravanan cut Arunagiri with knife on his
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