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2007 Supreme(Mad) 810

M.CHOCKALINGAM, G.RAJASURIA
Muthu Pandi – Appellant
Versus
State by Inspector of Police, Vasdevanallur Police Station, Tirunelveli District – Respondent


Advocates Appeared:
For the Appellants :V. Kathirvelu, Advocate.
For the Respondent: P.N. Pandidurai, Addl. Public Prosecutor.

Judgment :-

M. Chockalingam, J.

This appeal is directed against the judgment of the second Additional Sessions Court dated 30.1.2002 made in S.C.No.472/1999 whereby both the appellants stood charged for the offence under Section 302 r/w 34 IPC, tried and found guilty on trial and awarded life imprisonment along with a fine of Rs.3,000/- with a default sentence of one year rigorous imprisonment.

2. Theshort facts necessary for the disposal of the appeal can be stated thus:

(a) PW.1 Ramalakshmi is the wife of the deceased Murugiah. PW.7 is the younger brother of the deceased. There was a long pending quarrel in respect of placing fence between PW.1s father and his younger brother, the second accused. The deceased, who is the husband of PW.1, supported his father-in-law and thus, the deceased and the second accused were on inimical terms.

(b) on 14.1.1999 at about 6.00 a.m., PW.1 along with her husband since deceased, took their child to the Hospital at Vasudevanallur, and when they were proceeding crossing a bus stop, PW.7 was coming on his way after answering natures call. At that time, A.1 and A.2 suddenly sprang with knife in their hand and attacked the husband of PW.1 indiscri



























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