LAWS(MAD)-2006-7-294

SUNDARARAJAN Vs. STATE

Decided On July 10, 2006
SUNDARARAJAN Appellant
V/S
STATE REP. BY INSPECTOR OF POLICE, MELUR POLICE STATION Respondents

JUDGEMENT

(1.) S.Jayakumar, an experienced advocate appearing as Amicus Curiae advanced his enlightening arguments which are convincing and interesting on behalf of the appellant. We would like to place on record our appreciation for his effort to secure acquittal for the said accused. However, he is not successful to get full benefit for the crime alleged to have been committed by the appellant.

(2.) HE has canvassed acquittal for the appellant or in the alternative for reduction of sentence. A true advocacy.

(3.) WE do not find any force in the said argument, as it depends upon the individual to demand money, despite the fact that he himself being an earning member. In the instant case, the record discloses that the accused was addicted with a bad habit of consuming liquor. The accused is demanding money from the deceased. There is a clear evidence of P.Ws.1 and 2 that the appellant is in the habit of demanding money from the deceased and the deceased was unable to give money, being the retired employee, we do not find any reason to discard the evidence of P.Ws. 1. and 2, who are sister and mother of accused.