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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN, J
Kumutham – Appellant
Versus
The State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. factual background of the petition regarding abetment. (Para 1 , 2 , 3) |
| 2. arguments surrounding instigation and responsibility. (Para 4 , 5) |
| 3. court's observation on evidence and prosecution's burden. (Para 6 , 10 , 12) |
| 4. identification of critical elements for abetment under ipc. (Para 8 , 11) |
| 5. final ruling and orders of the court. (Para 13 , 14 , 15) |
O R D E R
This Criminal Original Petition has been filed seeking to quash the impugned final report in P.R.C.No.6 of 2025, pending on the file of the learned Additional District Munsif-cum-Judicial Magistrate, Sivagiri, Tenkasi District, filed against the petitioners for the offence punishable under Section 306 of the Indian Penal Code, 1860 .
2. The first petitioner is the wife of the first accused, who is not before this Court. The second petitioner is the sister of the first accused, and the third petitioner is the husband of the second petitioner.
3. The gist of the allegations in the final report is that the defacto complainant is a relative of one Sornamari [hereinafter referred to as ‘the first victim’]; that the first victim had an extra-marital affair with the first accused; that the first accused, on the p
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