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2020 Supreme(Online)(MAD) 5696

HIGH COURT OF MADRAS
Hon`ble Mr Justice P. RAJAMANICKAM
KUMARESAN – Appellant
Versus
THE STATE REPRESENTED BY – Respondent


ORDER

This Criminal Original Petition has been filed by the Accused No.1 to eschew the evidence of PW4 adduced during his examination-in-chief on 28.11.2019 in S.C.No.84 of 2019 on the file of the II Additional District and Sessions Judge, Thiruvallur, at Poonamallee.

2. The case of the prosecution is that one Nalini W/o.Rajesh suspecting foul play in the death of her husband Rajesh who died on 15.07.2018 lodged a complaint on 20.07.2018 and based on the said complaint, the respondent has registered a case in Cr.No.719 of 2018 on 20.07.2018 under Section 174 of Cr.PC., During investigation, CCTV footages were seized from the camera which was installed near the scene of occurrence. The said CCTV footages show that on 15.07.2018 at about 06:30 p.m., the deceased Rajesh was consuming liquor along with one Sivakumar (PW4) and one Sundarraj (PW5) at Alapakkam Main Road near Mahalakshmi Enterprises Firewood Depot; that the petitioner herein joined with them and consumed liquor and all of them left the said place of occurrence; that the petitioner called the deceased to come back to the said place again to have liquor; that the petitioner came to the place of occurrence at about 21:10 hours

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