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2009 Supreme(Mad) 1453

R.BANUMATHI, RAJA ELANGO
Sahayaraj – Appellant
Versus
State rep. by Inspector of Police, Coimbatore – Respondent


Advocates Appeared:
For the Petitioner:C.D. Sugumar, R. Rajasekaran, Advocates.
For the Respondent: P. Kumaresan, Public Prosecutor.

Judgment

Common Judgment

R. Banumathi, J

1. These appeals arise out of the Judgment in S.C.No.143/2007 dated 310. 2007 convicting the appellants/accused No.1 to 3 U/s.302 IPC and sentencing each of them to undergo life imprisonment and imposing fine of Rs.1000/-each. Appellants/accused No.1 to 3 were acquitted of the charges U/s.120(B) and 201 IPC.

2. Case of the prosecution in nutshell are as follows:-

Deceased Kesavan and the appellants/accused No.1 to 3 were associates. Deceased was addicted to drinks and frequently asking for money. On 01. 2007, deceased asked for money from the second accused and threatened them. Since, deceased was frequently asking for money, second accused retorted saying that they would finish him.

3. After taking tea, on 05.01.2007 at 9.00 P.M., PW5-Ashok and PW6-Sivakumar were talking to PW4-Ganesan. Accused No.1 to 3 came there and deceased was talking to first accused. First accused and deceased went to garbage dumping yard. Within short while, second accused had taken knife from the shop of PW4 and followed first accused and deceased. Third accused-Sahayaraj later proceeded to garbage dumping yard. PWs.4 to 6 continued to be talking with each other. A






































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