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2026 Supreme(Mad) 803

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, R.POORNIMA
Prabhakaran – Appellant
Versus
State, Represented by, The Inspector of Police, Jeyamangalam Police Station – Respondent


Advocates Appeared:
For the Appellant : Mr. Lawrance
For the Respondent: Mr. T.Senthil Kumar Additional Public Prosecutor, Mr.M.U.Mohamed Aslam, Mr.M.Karthikeya Venkitachalapathy

JUDGMENT :

G.K.ILANTHIRAIYAN, J.

This appeal is directed as against the Judgment passed in in S.C.No.21 of 2020 dated 20.06.2022 on the file of the Additional District and Sessions Court, Periyakulam, thereby acquitting the respondents 2 and 3 for the offences punishable under Section 302 of I.P.C.

2.The case of the prosecution is that on 08.07.2019 at about 07.00 p.m., the second accused developed an illegal intimacy with the wife of the first accused. On account of the same, the deceased used to insult the wife of the first accused by referring to her illegal intimacy with the second accused whenever she came for fetching water from the common water lane. Therefore, there was previous enmity between the accused and the deceased. Hence both the accused decided to do away with the life of the deceased.

3.While being so, on 08.07.2019 at about 07.00 p.m., the second accused had picked up the deceased in his motorcycle and took him along with liquor and snacks, to the scene of crime, which is belonging to one Jeganathan. While they were consuming liquor, the first accused pushed the deceased, causing him to fall down. Thereafter, the first accused placed a stone on the head of the dece

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