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2021 Supreme(Mad) 2909

P.N.PRAKASH, R.PONGIAPPAN
Gunasekaran – Appellant
Versus
State by Inspector of Police, Sankarapuram Police Station – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. C. Munusamy, Mr. R. Arun Dattan.
For the Respondent: Mr. M. Babu Muthu Meeran.

JUDGMENT :

P.N. PRAKASH, J.

1. This criminal appeal is directed against the judgment and order of conviction and sentence dated 18.01.2018 passed by the III Additional District and Sessions Judge, Kallakurichi in S.C. No. 345 of 2016.

2. The prosecution case is as under:

    2.1. The deceased Jayaraman was residing with his wife Jayakantham (PW-6) in Perungalathur village, Tiruvannamalai District and the appellant is his distant relative.

2.2. The appellant is said to have borrowed Rs. 1,05,000/- sometime in 2013-14 from Jayaraman and had not returned the same. Jayaraman was pestering the appellant for return of the amount, on account of which, the appellant developed animosity towards Jayaraman.

2.3 While that being so, on 11.01.2016, the appellant is said to have called from his mobile number 73588 46252 to Jayaraman's mobile number 80986 05526. During the telecon, the appellant is said to have told Jayaraman that if he (Jayaraman) comes and meets him (appellant), he (appellant) will return the amount. Accordingly, Jayaraman told his wife Jayakantham (PW-6) that the appellant has calle

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