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Tomy and his brother Francis were doing
business in partnership at Alwaye. In 1969, they started a third business
initially under the name `Rani Umbrella Mart' which was later on changed to
`Rani Cut Piece Centre'. Besides Tomy and Francis, Merli, (deceased) and
Josephine were the other partners. After the death of Francis in 1975, Ammini
was inducted as a partner in the first two firms; but, she was not allowed to
join the third firm as Francis had overdrawn his share in the capital of the
firm. Ammini was periodically paid certain amounts by Tomy for maintenance of
herself and her children, but she was not satisfied with that arrangement and
often expressed her resentment openly. Ammini was at times required to borrow
money from others and that is how she came in contact with Kartikeyan who was
her neighbour. Gradually, their acquaintance developed into illicit intimacy.
In May, 1980 Ammini had gone to Maharani Textiles for getting cloth for a
safari suit for her son. When the salesman was bout to cut the costly cloth
selected by her, Tomy told him not to give it but to give a cheaper variety. As
a result of this incident Ammini felt humiliated and returned without taking
any cloth. Then the first attempt failed as Josephine was found present in Merlis house Ammini,
Kartikeyan and Thomas then made a final decision to use cyanide which is a more
powerful poison. Thomas was able to procure some cyanide from one Chinnappan.
As preplanned, on 23.6.1980 at about 7 P.M. Ammini first went to Tomy's house
and started talking with her. After sometime thomas went there with a pretext that
they wanted to see Ammini. Thomas requested Merli go get some water for him to
drink. While she was bringing water Thomas caught her from behind, applied
pressure on her neck, made her open her mouth and then forcibly put cyanide in
her mouth. The poison had its effect and Merli died immediately. Then, Ammini
forcibly gave cyanide to Merli's two children. They also died instantaneously.
The Court decided that all
the accused were then charge-sheeted and tried for the offences punishable
under Section 120-B and Section 201, 302, 452 all read with Sections
34, 109 and 11 IPC. Kartikeyan was separately
charged for the offence punishable under Section 411 IPC.
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