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2008 Supreme(Mad) 2322

P.D.DINAKARAN, K.N.BASHA
Guna @ Gunasekaran – Appellant
Versus
The State rep. by Inspector of Police – Respondent


Advocates appeared:
For the Appellant:Veera Kathiravan, Advocate.
For the Respondent: N.R. Elango, Additional Public Prosecutor.

Judgment

P.D. Dinakaran, J.

Aggrieved by the conviction under Sections 302 and 506(ii), ItPC and sentence to undergo imprisonment for life with fine of Rs.2,500/-and to undergo rigorous imprisonment for two years with fine of Rs.1,000/-respectively imposed on him by the learned Sessions Judge, Nagapattinam in S.C.No.1 of 2006, the accused has preferred the above appeal.

2. The allegation in the charges framed against the accused is that

.(a) on 13. 2005 at about 12.30 pm, the accused attacked one Sourrirajan on his neck with aruval, resulting in instantaneous death, due to previous enmity, in the place belonging to one Liyakath Ali situated at western side of Enangudi Road, Pakkam Kottur Village and thereby he committed an offence punishable under Section 302, IPC; and

.(b) in furtherance of the said occurrence, when one Thiyagarajan, son of the deceased Sourrirajan, was shouting at him not to attack, he threatened him that he would also do away with him and thereby he committed an offence punishable under Section 506(ii), IPC.

3. The case of the prosecution, as discerned from the evidence of prosecution witnesses, is as follows:

(a) P.W.1, son of the deceased, deposed that he
















































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