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2014 Supreme(Mad) 2149

S.RAJESWARAN, P.N.PRAKASH
Kumar @ Magilmannan – Appellant
Versus
State rep By Inspector of Police Thalaignayar Police Station – Respondent


Advocates Appeared:
For the Appellants:R. John Sathyan, Advocate.
For the Respondent: V.M.R. Rajendran, Additional Public Prosecutor.

Judgment :

P.N. Prakash, J.

1. The two accused, who have been convicted under Section 302 read with 34 IPC and sentenced to undergo imprisonment for life with fine of Rs.500/-each, in default to undergo two years Rigorous Imprisonment by the District and Sessions Court, Nagapattinam in S.C.No.139/2010 on 10.04.2013 are the appellants before us.

2. The prosecution case is that, Kumar [A1], who is the son of Murugaian [A2], had lent Rs.5,000/- as loan to the deceased Pilavendran. The accused were asking Pilavendran to return the loan, but of no avail. After attending the function in the village Church on 20.05.2010, Pilavendran was returning to his house around 8.00 in the evening, when A1 and A2 accosted him and demanded the return of money. It is alleged that A2 held the deceased and A1 stabbed him on the left chest with a knife [M.O.1]. When Pilavendran fell down, A2 also stabbed him. Kennedy [P.W.2] the brother of the deceased, and one Thomas [P.W.2] a friend of the deceased were coming about 20 feet behind and that, it is the prosecution case that they saw the occurrence. After fatally attacking Pilavendran, the accused fled and Pilavendran dropped on the ground. Kennedy [P.W.1]




























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