KOLINGIAMMAL Vs. STATE OF TAMILNADU
LAWS(MAD)-2007-4-320
HIGH COURT OF MADRAS
Decided on April 18,2007

KOLINGIAMMAL Appellant
VERSUS
MURUGESAN Respondents


Referred Judgements :-

K CHINNASWAMY REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

- (1.)THIS revision has been preferred by P. W. 7,kolingiammal, the widow of one of the victims in the double murder case in S. C. No. 52 of 2002 on the file of the learned District Judge,perambalur.
(2.)THE short facts of the prosecution case relevant for the purpose of deciding this revision are as follows:
Due to previous enmity between the accused and the deceased No. 1 Jayaraman and Deceased No. 2 Kolinginathan, on 21. 12. 1998 at 4. 30p. m. , near Koneri river bund , Valikandapuram village, while A4 was holding the deceased Jayaraman, A3 had stabbed Jayaraman on his stomach and all over his body resulting the death of Jayaraman on 7. 1. 1999 at Government Hospital ,thanjavur. A2 to A4 also caused grievous injuries with iron rod on Jayaraman, on his stomach, chest and back and hence A1 to A4 were charged under Sections 302 IPC and 302 IPC r/w 114 IPC. 2a)It is the further case of the prosecution that Kolinginathan was also attacked by A1 with a knife at the same time when Jayaraman was attacked by A1 to A4 which resulted in the instantaneous death of Kolinginathan.

(3.)THE learned Judicial Magistrate Perambalur had taken the case on file and after furnishing copies under Section 207 of Cr. P. C. had committed the case to the Court of Sessions Under Section 209 of Cr. P. C. and on appearance of the accused, the learned Sessions Judge has framed charges under Sections 302 IPC (2 counts) against A1 and under Section 302 IPC r/w 114 IPC against A2 to A4 and when questioned the accused pleaded not guilty.


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