KRISHNAN Vs. STATE

JUDGEMENT

(1.) THESE two appeals are directed against the common judgment of the Karnataka High Court whereby conviction of the appellants under Section 302 of the Indian Penal Code, 1860 (in short the 'I.P.C.') read with Section 34 thereof and the sentence for imprisonment for life was confirmed.

(2.) ADDITIONALLY, accused-appellants Ayyar Thavar and Porutchyelvan were convicted for the offence punishable under Section 323, I.P.C. and sentenced to undergo R.I. for three months. Such conviction and sentence have been upheld.

(3.) ACCUSED-appellant Ganesan took the plea that at the relevant point of time he was working in Sethupathi High School as officer, Education Department and, therefore, the question of his presence at the place of occurrence could not have arisen as claimed. He examined D.W. 1, the Head Master of the School to substantiate his claim.