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1990 Supreme(Mad) 107

PADMINI JESUDURAI
Varadaraju – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:A.K. Kumaraswamy, Advocate.
For the Respondent:S.K. Sivapunniyan, P.Pandi, Advocates, Mrs..K.C.G.Mallika, Government Advocate (Crl. Side), for Public Prosecutor.

Judgment :

This revision has been preferred by a private party P.W.1 in S.C.No.36 of 1985 on the file of the Sessions Court, Periyar District at Erode, challenging the acquittal of the accused, who are respondents 1 and 2 herein, tried for the offences under Secs.302 read with 35 (2 counts), 449, 402 and 201, I.P.C.

2. The accused were tried on the allegations that on the night of 16.6.1984, they caused the death of one Kannammal and her daughter Shanthi, by strangulating them after trespassing into their house and also committed theft of the gold chain owned by Kannammal and caused the evidence of the above crimes to disappear. The first respondent herein who was the first accused in the case was the brother of Periya Raman, husband of the deceased Kannammal. Periya Raman used to get drunk and used to return home late and quarrel with Kannammal. About 6 months prior to the occurrence, Periya Raman suddenly disappeared and was not heard of any longer. Even thereafter Kannammal and her daughter Shanthi continued to live in the garden. Opposite to their house, the first accused was living. After Periya Raman disappeared, the deceased Kannammal was cultivating one half of the lands, wh













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