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2009 Supreme(Mad) 1799

M.CHOCKALINGAM, C.S.KARNAN
Prasanna & Another – Appellant
Versus
State by Inspector of Police – Respondent


Advocates Appeared:
For the Appellants :Anantha Narayanan, S. Sasikumar, Advocates.
For the Respondent: N.R. Elango, Additional Public Prosecutor.

Judgment :-

M. Chockalingam, J.

1. This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.I, Chidambaram, made in S.C.No.319 of 2007 whereby the accused/appellants stood charged, tried, found guilty under Sec.302 of IPC, a charge of murder, and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

2. The short facts necessary for the disposal of this appeal can be stated as follows:

(a) P.W.1 was a resident of Thanvanadiyanpallam, Vallam. P.W.2 is his wife. The brother of P.W.1 by name Vaidyanathan, a bachelor, was living with them. He developed illicit intimacy with P.W.3 who was already married and deserted by her husband. On 4. 2007 at about 9.30 P.M., when Vaidyanathan was staying with P.W.3, A-1 and A-2 came there and asked him to come to a music party. At that time, the deceased was in a drunken mood. When he refused to come, he was forcibly taken by both the accused. When P.Ws.4, 5 and 6 who knew both the deceased and the accused, were walking across Thachampalayam Railway Gate, they found the accused and the deceased quarrelling with each other. A-1 was also having a big black stone in his hand at the time of the s













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