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1934 Supreme(Mad) 465

CURGENVEN


JUDGMENT

Curgenven, J.

1. The two appellants have been convicted by the Sessions Judge of East Tanjore of the murder of one Nagendra Iyer on the night of lst-2nd April last at Mayavaram and have been sentenced to death. The case for the prosecution was in brief that the deceased man was a merchant trading in Madura. A few days before the occurrence he went to Mayavaram to collect his dues and, as he was accustomed to do, stayed in the house occupied by accused 1, his father and some of his brothers. These are Sourashtras, like the deceased himself. Nagendra Iyer collected a number of outstandings so that by 1st April he had with him a sum of over Rs. 900. He received a further sum of Rs. 105 from another Madura merchant, P.W. 3, to make some payments in Madura on his behalf. On the night of 1st April he went to rest at the house, sleeping on an outside pial with accused 1 and P.W. 3, while the father, P.W. 1, slept on another pial of the house. At about 2 a. m. the deceased got up intending to go to the railway station to catch the train to Madura and he left the house accompanied by accused 1, who carried his bundle consisting of some clothes wrapped in a carpet. Nagendra Iyer was n








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