One Rajappa (the deceased) along with all other accused persons, including the appellant herein, hail from Oozhiyalam village in Krishnagiri district. While the situation stood thus, Rajappa, on 14 September 2004 at around 10 AM, left his home on his motorcycle along with his elder brother Narayanappa (PW-1) to depose before the Court of the Judicial Magistrate, Hosur. 4
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Thereafter, on the basis of the statement given by PW-1 to Rajsekhar (PW-11), the Village Administrative Officer, which was treated as a complaint, a case being Crime
No 251 of 2004 was registered at HUDCO Police Station on the same day, i.e. The IO, thereafter, arrested accused Nos. 2 to 5, with the date of their arrest being shown as 22 September 2004.
The High Court, vide the impugned judgment and order, confirmed the conviction and sentence imposed on the appellant herein but acquitted Sridhar Reddy, accused No 3 of all the charges levelled against him, finding that, while he had been arrested a few days after the incident, the date of his arrest was shown only as 22 September 2004.
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Joseph Aristotle S., on the contrary, submitted that the trial court as well as the High Court has concurrently, found the present appellant guilty of the offence on the basis of appreciation of evidence.
When they were riding towards MS Nursery Farm, accused No 1 – Nagaraja Reddy, accused No 2 – Nagi Reddy, accused No 3 – Sridhar Reddy, accused No 4 – Krishna Reddy and accused No.
The other witnesses, including Radha(PW-3), wife of the deceased, only stated that all of the accused persons came to their home in the village and exhorted that they had killed Rajappa. vs State of Uttar Pradesh, previous enmity is a double- edged sword.
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This Court in the case of Vadivelu Thevar vs State of Madras has held thus: “11.
Case Title: NAGARAJ REDDY Vs. THE STATE OF TAMIL NADU (2023 INSC 269)
Case Number: Crl.A. No.-000886-000886 / 2023
