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1989 Supreme(Mad) 238

DAVID ANNOUSSAMY, JANARTHANAM
Jayaseelan, In re. – Appellant
Versus
. – Respondent


Advocates Appeared:
N.Natarajan for Bobblie, R.Kothandaraman and K.J.Ayyappan, for Appellants.
N.Dinakar, Additional Public Prosecutor, for State.

JUDGMENT

Janarthanam, J. :

This is appeal is directed against the judgment dated 27.8.1984 of the Court of Session, Madurai North Division at Dindigul in Sessions Case No.64 of 1984.

2. It arises from these facts:

(a) The scene village D.Kammakkapatti is within the limits of Devadanapatti Police Station. The occurrence took place on 28.9.1983 at about 9.30 A.M. One Muthiah (since deceased) is the son of Karupa Thevar (who died on 4.8.1984 before commencement of the trial). P.Ws.1, 2 and 9 are his brothers. One Raju Thevar is their material uncle. Accused 1, 2 and 4 are his children. Accused 3 is their maternal uncle.

(b) Raju Thevar borrowed a sum of Rs.1,500 from P.W.2 one year prior to the occurrence. Six months thereafter, P.W.2 advanced a further sum of Rs.650 to him for the purchase of five cents of house site in Arasamarathukadu. Raju Thevar neither returned the amount borrowed nor sold the house site to P.W.2, inspite of his persistent demand in this regard. A day prior to the occurrence, P.W.2 went and demanded from Raju Thevar either for the return of the amount advanced or for the sale of the house site. But Raju Thevar took a defiant attitude and refused to comply with his r






















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