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2024 Supreme(SC) 306

ABHAY S. OKA, PANKAJ MITHAL
Manikandan – Appellant
Versus
State by the Inspector of Police – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mayilsamy K, Adv. Dr. Gayathiri A S, Adv. Mr. Arun Pandiyan S, Adv. Mr. P. Soma Sundaram, AOR Mr. B Ragunath, Adv. Mrs. NC Kavitha, Adv. Mr. Vijay Kumar, AOR
For the Respondent(s): Mr. D. Kumanan, AOR Mr. Sheikh F. Kalia, Adv, Mr. Vishal Tyagi, Adv. Mr. Chinmay Anand, Adv.

JUDGMENT :

(Abhay S. Oka, J.) :

FACTUAL ASPECTS

1. The appellant in Criminal Appeal No. 407 of 2019 is the accused no.1, and the appellant in Criminal Appeal No.1609 of 2011 is the accused no.2. The Trial Court convicted both the appellants for an offence punishable under Section 302, read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the IPC’). By the impugned judgment, the High Court has confirmed the conviction and life sentence of the appellants.

2. We are referring to the prosecution case in brief. The name of the deceased is Balamurugan. He was staying with his parents – PW-l Mahalingam and PW-2 Veerammal. According to the prosecution case, the deceased had instructed accused no.1 to deliver idlis at his home. On 4th October 2007, at about 9 pm, the deceased came home and enquired with his mother PW-2 whether accused no.1 had delivered the idlis. On learning that accused no.1 had not delivered the idlis, he immediately went out and reached the house of accused no.1. It appears that there was a commotion due to his altercation with the accused no.1. According to the prosecution case, after hearing the commotion, PW-2 and PW-3 (the brother-in-law of the deceased) rush

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