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2008 Supreme(SC) 907

ARIJIT PASAYAT, P.SATHASIVAM, AFTAB ALAM
Venkatesan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates appeared:
Mr. K.V. Viswanathan, Mr. B. Raghunath, K. Venkataraman and Mr. Vijay Kumar, Advocates for the Appellant. Mr. V. Kanagaraj, Senior Advocate, Mr. V.G. Pragasam, Mr. Joseph Aristotle and Mr. S. Prabhu Ramasubramanian, Advocates with him for the Respondent.

DR. ARIJIT PASAYAT, J.

1. Appellant, who was described as A2 in Sessions Case No. 117 of 1990, had filed an appeal to challenge his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC) before the Madras High Court. Judgment dated 3.7.2000 in Criminal Appeal No. 741 of 1990. The appeal was dismissed. Appellant faced trial along with one Doraiswamy who has described as A 1. It was alleged that both of them were responsible for murder of Rajendran (hereinafter referred to as the deceased) on 19.4.1988 at about 10 p.m. Trial court acquitted A 1 while holding appellant guilty of offence punishable under Section 302 IPC. Background facts as projected in a nutshell are as follows:

1.1. PW.2 is the father and PW.3 is the younger brother of the deceased Rajendran. They were residents of Valluvampakkam. The accused were also residing in the same village. The deceased was having illicit relationship with the wife of A 1 and PW.2 took his son to task and advised him not to have any relationship with the wife of A 1. It is also the case of the prosecution that the deceased tried to molest PW.5 the wife of A2. This is said to be the motive for the o






































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