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Joseph vs State Rep. By Inspector Of Police on 14 December, 2017

These appeals arise out of the judgment dated 10.02.2011 passed

by Madras High Court at Madurai Bench dismissing Criminal Appeal
Signature Not Verified

Digitally signed by
No.519 of 2002 thereby affirming the conviction of the appellants under
Date: 2017.12.15
00:41:28 IST

Section 302 read with Section 149 IPC, Sections 341, 324, 148, 147,

Page No.1 of 17
323 read with Section 149 IPC and Section 326 IPC and also the

sentence of imprisonment imposed upon each of them.

2. Briefly stated case of prosecution is that on 12.01.1994, PW2-

Anthony Mududhagam, Deceased Luis John Kennedy and Raja came to

attend funeral of one Jesu (PW2’s cousin). While they were standing

near Sahayam’s (A3) house at about 3.05 p.m., Jesu Adimai (A1)(since

dead), Selvaraj (A2) and Sahayam (A3) armed with country made

bombs in their hands, Selvam (A4) and Antony Innasi (A5) armed with

sickles, Charles (A6), Jerone (A7), Edwinson (A8), Raj (A9) and

Elizabethan (A10) with sticks and Joseph (A11) came there and

confronted the deceased Kennedy, PW2 and Suresh (PW1) [who just

came there to see his father PW2]. Joseph (A11) instigated all the

accused to attack on them. Selvam (A4) attacked PW1 with sickle on

the Left Shoulder. Jesu Adimai (A1) threw one country bomb which hit

the forehead of the deceased and the deceased fell down. Selvaraj (A2)

threw the bomb which hit the right leg of Raja. Sahayam (A3) also threw

a bomb which has fallen on the ground. Antony Innasi (A5) attacked

PW2 on his left shoulder. Accused Nos.6 to 10 attacked Raja and PW2

indiscriminately causing injuries to them. On seeing the by-standers

coming towards the spot, the accused ran away from the scene.

Thereafter Johnson (PW-3) hired a tempo and took the injured to

Page No.2 of 17
Nagercoil Kottar Government Hospital. On the way to hospital, Kennedy

succumbed to injuries.

Source: IK

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Joseph vs State Rep. By Inspector Of Police on 14 December, 2017


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