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2003 Supreme(Mad) 486

M.KARPAGAVINAYAGAM, A.K.RAJAN
Sekar – Appellant
Versus
State – Respondent


Advocates Appeared:For the Petitioner:Mr.K.Kumar Advocate for Mr.T.Muruganantham. For the Respondents: Mr.E.Raja, Addl.P.P.

Judgment :-

M.KARPAGAVINAYAGAM,J.

The appellants are A2 Sekar and A3 Jagadeesan. Along with the appellants, four accused were tried for the offences under Sections 148, 341, 302 read with 34, 324 and 506 Part II I.P.C.

2.During the course of trial, A1 died. The Trial Court, ultimately, convicted A2 for the offences under Sections 341, 302 read with 34 and 324 I.P.C. and A3 for the offences under Sections 341 and 302 read with 34 I.P.C., and acquitted the other accused. Challenging the same, A2 and A3 have filed this appeal.

3.The facts leading to conviction, in brief are as follows:

(a) The deceased Devadas is the cousin of P.W.6 Gunasekaran. There was a quarrel between A1 to A6 and P.W.6 Gunasekaran over the dispute in regard to the temple function. Ultimately, the accused family vacated their house from Rameswaram and settled at some other place. There were cases pending between them in the criminal court.

(b) The marriage of Gunasekaran's daughter was arranged to be held on 15.9.96. To attend the marriage, P.W.1 Asingam @ Baluchamy, the brother in law of P.W.6 Gnanasekaran and P.W.2, the friend of P.W.6 came to Rameswaram at about 11.45 p.m. on 14.9.96. P.W.1 Asingam @ Baluchamy and
































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