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1960 Supreme(Mad) 59

RAMASWAMI, ANANTANARAYANAN
In re Marudai Prisoner – Appellant
Versus
. – Respondent


Advocates Appeared:
S. Mohan Kumaramangalam and S. Palaniswamy, for 1st accused, Public Prosecutor, for the State.

Judgement

ANANTANARAYANAN, J. :- This is a reference by the learned Sessions Judge of Tiruchirapalli in Sessions Case No. 93 of 1959 on his file, convicting the first accused in that case (Marudai) both of murder (Section 302 I. P. C.) and causing disappearance of the evidence of crime (Section 201 I. P. C.), and sentencing him to death upon the first charge, and to rigorous imprisonment for two years upon the second. At the outset itself, it is important to note that the prosecution related to the murder of one Sellayee, the wife of this accused 1, aged at about 18 when she was killed, and to the disposal of her body. Further, that accused 2 in the case, who was tried upon the charge under S. 201 I. P. C. alone but acquitted by the learned Sessions Judge, was the Village Munsif of Irunagalur (Lalgudi Taluk), apparently a man of some influence and some local status. The appeal of the condemned prisoner is also before us.

2. The case rests entirely upon circumstantial evidence, and those pieces of evidence have to be carefully set forth, and considered in their cumulative effect. Another difficulty in this case relates to the very imperfect police investigation at crucial stages, whic








































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