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2014 Supreme(Mad) 2509

S.RAJESWARAN, P.N.PRAKASH
Kalyanasundaram – Appellant
Versus
Inspector Police – Respondent


Advocates Appeared:
For the Appellants:B. Maheswaran, UM. Ravichandran, Advocates.
For the Respondents: Thangavel, Spl. P.P.

Judgment :

P.N. Prakash. J.

1. The Accused Nos.1, 2 and 3, who were convicted for offences under Section 302 r/w 34 of IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- [Rupees Five Thousand] each in default to undergo Simple Imprisonment for Three months each by judgment dated 09.09.2011 in S.C.No.36 of 2011 on the file of the learned Additional District and Sessions Judge, Karaikal, are the appellants before us.

2. The prosecution case begins with the evidence of Natarajan [P.W.1] who sensed a foul smell emanating from a water tank of an old Prawn Farm near Madha Koil Street, Poovam Kottucherry in Karaikkal on 30.12.2010 around 09.30 a.m., and out of curiosity, peeped into the tank and found a decomposed state of male body aged between 45 and 50 years floating in the tank. He was not able to identify the body and the name of the person. He went to the police station at Kottucherry and lodged a complaint [Ex.P.1] which was received by V.Purushothaman [P.W.25], the Sub Inspector of Police, who registered a case in Kottucherry Police Station Crime No.140 of 2010 under Section 174 of Cr.P.C. on 30.12.2010 at 10.00 a.m. The printed F.I.R was marked as





























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