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2009 Supreme(Mad) 2335

M.CHOCKALINGAM, C.S.KARNAN
Appu @ Deepan Kumar & Others – Appellant
Versus
State rep. By: Deputy Superintendent of Police Crime Branch CID Organised Crime Unit Chengai East, Chennai – Respondent


Advocates Appeared:
For the Appellants:K. Kannan, T.K. Sampath, S. Doraisami, R. Sankarasubbu, V. Gopinath, Senior Counsel, L. Mahendran, Advocate. For the Respondent: N.R. Elango, Additional Public Prosecutor.

Judgment :-

All these criminal appeals namely C.A.Nos.39, 47, 85, 92 and 165 of 2006 concentrate in challenging a judgment of the Additional Sessions Division, Chennai at Poonamallee, in S.C.No.311 of 2004 whereby the appellants, six in number, stood charged, tried and found guilty as follows:

TABLE

2.Necessary facts for the disposal of these appeals can be stated thus:

(a) P.W.2 the eldest sister of the deceased Prasad Sebastin, and P.W.1, the husband of P.W.2, were residing at Madras. P.W.1 was employed in the Government Secretariat. The deceased Prasad Sebastin, the brother of P.W.2, was a native of Punalur in the State of Kerala. He was an active member of CPI(M) and was also the Opposition Leader of Punalur Municipality. Originally, he was a resident of Madras. He worked at Britania Biscuit Company at Madras when he was staying with his father Mr.Rozario, an Ayurvedic Doctor.

(b) On 25. 2003, Sebastin came to Madurai in a Jeep of Rural Cooperative Agricultural Development Bank of which he was the President during that time. Then he boarded a train to Chennai. On the morning of 25. 2003, he went to the house of P.W.2 at Door No.7/7, Peters Colony, had breakfast and went outside

























































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