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1988 Supreme(Mad) 172

DAVID ANNOUSSAMY
Ponni alias Ponibas – Appellant
Versus
Savarimuthu Nadar – Respondent


Advocates Appeared:
G. Krishnan, for Petitioner, V. Gopinath, Muniratnam Naidu and A.C.
Jayalakskmi, Public Prosecutor, for Respondents.

Judgment

These are several proceedings by various persons in respect of the same offence. The accused party and the prosecution party lived in the same village as neighbours. They belong to the same caste. The trouble started, when A1’s daughter fell in love with the son of P.W.4 and brother of P.W.1. Four months prior to the occurrence, A1 warned to settle the matter by way of marriage and made overtures to P.W.4 in that regard. But that met with a blunt refusal. From that time, resentment and animosity have been growing between the parties. On 16.8.1983, at about 10 p.m. as per the prosecution, A1 accompanied by his sons A2 to A4 and his wife A5 went to throw a challenge to P.W.4 and abusing them, standing in, the front of P.W.4’s house. P.W.4 closed the doors of his house. Sometime later, when P.W.1 accompanied by her husband entered the house of backdoor, she wanted to put an end to the shouts by the prosecution party and came before them and questioned about their behaviour. Then Al, attacked P,W. 1 and she sustained injury. Upon the Complaint of P.W.1, the Inspector of Police of Kottar, took up investigation and filed a final report under Sec. 173, Cr.P.C, to the effect that t














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