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Bail Slip

The Appellants/ Accused 1 to 4 Viz 1. Maria susai @

Felix, 2. Kulandai @ Kulandairaj, 3. Guna @ Gunasegaran

4. Gopi @ Gopalan

in SC No.6/97 on the file of the 2^nd

Additional Sessions Judge, Pondicherry were directed to be

released on bail in and by the order of the Court dated

29.6.1998, made in Crl MP.No.3975/98 in CA No.762/97 on the

file of the High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 9.12.2004

CORAM

THE HONOURABLE MRS. JUSTICE R.BANUMATHI

CRL.APPEAL No.762 of 1997

1. Maria Susai @ Felix

2. Kulandai @ Kulandairaj

3. Guna @ Gunasegaran

... Appellants /

4. Gopi @ Gopalan

Accused 1 to 4.

Vs.

State of Pondicherry,

rep. By Inspector of Police,

Grand Bazar Circle,

... Respondent /

Pondicherry.

Complainant

This Criminal Appeal arises out of the Judgment

dated 29.08.1997 made in S.C.No.6 of 1997 on the file of II

Additional Sessions Judge, Pondicherry.

For Appellants : Mr. A.G.Rajan

For Respondent : Mr. A.P.Suryaprakash, and

E.Vijay Anand

Additional Public Prosecutor,

(Pondicherry)

(No arguments advanced)

J U D G M E N T

https://hcservices.ecourts.gov.in/hcservices/

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Appellants are accused No.1 to 4 in S.C.No.6 of

1997 on the file of II Additional Sessions Judge,

Pondicherry. For causing the murder of one Sundal

Shanmugam alias Nattar, Appellants were convicted under

S.304 (II) I.P.C. and sentenced to undergo Rigorous

Imprisonment for a period of Three Years each. For causing

injuries to Witnesses Rajaram and Iyyappan, A.1 and A.2 were

convicted under S.324 I.P.C. and sentenced to undergo

Rigorous Imprisonment for a period of One Year each.

2. P.W.1 - Rajaram is the second husband of P.W.3

- Gnanavadivu. On 29.04.1995, P.W.1 – Rajaram was standing

in front of his house in Kandoctor Thottam. At that time,

A.1 to A.4 and two more accused armed with deadly weapons

like Knives and Sticks came and abused P.W.2 - Umai alias

Iyyappan. When the accused were coming near the house of

P.W.3 - Gnanavadivu, P.W.2 was standing near his house just

watching the accused. Accused asked P.W.2 to go away; but

P.W.2 - Umai alias Iyyappan was still standing. Hence A.1

to A.4 caught hold of the Shirt of P.W.2 and A.2 caused cut

injuries on the left Chin of P.W.2 with Aruval. P.W.3 -

Gnanavadivu, mother of P.W.2 - Umai alias Iyyappan pleaded

to leave her son. Because of the assault by A.2, P.W.2

sustained bleeding injuries on his head. A.1 asked P.W.1 as

to why he was roaming hither and thither. So saying A.1

tried to attack P.W.1 with Long Knife near his Stomach.

When suddenly moved, P.W.1 sustained bleeding injuries on

his Stomach. At that time, one Sundal Shanmugam alias

Nattar known to P.W.1 for more than twenty years had come

nearby. On seeing him, all the accused persons shouted

saying " Here comes Nattar, attack him ". So saying, all

the accused ran towards him. A.2 twisted the leg of Sundal

Shanmugam, who had fallen down. After he had fallen down,

all the accused surrounded him and caused injuries with

Knives and Sticks continuously all over the body. This

occurrence was witnessed by the Nephews of Sundal Shanmugam

viz., P.W.5 – Raja and P.W.6 – Selvam alias Palai, who were

coming from behind Sundal Shanmugam at a distance of about

10 metres. That apart, P.W.4 – Suresh, a child aged about

Ten Years had also witnessed the occurrence. After

attacking the deceased, the accused had run away from the

scene of occurrence.

3. Registration of the case and Investigation:-

P.W.1 – Rajaram and P.W.2 – Iyappan alias Umai Iyyappan went

to Odiensalai Police Station on the same day at 3.00 p.m.

P.W.16 – then Sub Inspector of Police, Odiensalai has

recorded the Oral Statement of P.W.1 and registered the case

in Odiensalai Police Station Crime No.54 of 1995 under

Ss.147, 148, 307 and 324 r/w 149 I.P.C. under Ex.P.47 –

First Information Report. Injured P.Ws.1 and