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2019 Supreme(Mad) 2802

M.M.SUNDRESH, M.NIRMAL KUMAR
Karunamoorthy – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : K. Gandhi Kumar
For the Respondents: R. Prathap Kumar, Additional Public Prosecutor

JUDGMENT :

M. Nirmal Kumar, J.

1. The appellant, who stood charged and convicted for the offence under Sections 449, 302 and 506(i) of IPC in S.C. No. 417 of 2017 dated 17.05.2017 on the file of the Mahila Sessions Court, Cuddalore, having been arrayed as an accused has filed the above Criminal Appeal.

2. Brief Facts:

2.1. The appellant is the cousin brother of one Prakash, whose wife Selvarani is the deceased in this case. The appellant used to call upon the deceased Selvarani and chat with her. The husband of the deceased stayed at Chennai and worked as Supplier in Vijay Hotel. During holidays and other festivals, he used to visit his family. Taking advantage of his absence, the appellant had developed illegal intimacy with the deceased Selvarani, which was objected by the villagers and her husband Prakash. On 18.04.2005 at about 11.00 p.m when the deceased Selvarani and her two daughters were sleeping, the appellant came through the back side of the house of the deceased and called her to have physical relationship. The deceased Selvarani refused and asked the appellant to leave the place. Thereafter with an intention to murder, the appellant had forcibly trespassed into the house o

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