GNANAIYAN Vs. STATE

JUDGEMENT

(1.) The appellants are accused 1 and 2 respectively in Sessions Case No. 57 of 1989 on the file of the learned Sessions Judge, Kanyakumari, Nagercoil. They were charged before the learned Sessions Judge for an offence of murder with an allegation that at 3.45 p.m. on 19-8-1988, they caused the death of Gnananantham.

(2.) To prove the above charge, the prosecution, before the trial Court, examined P.Ws. 1 to 7 and marked Exs.P-1 to P-9 as well as M.Os. 1 to 13. The learned Sessions Judge, on the evidence adduced, held that the first appellant, who hereinafter will be referred to as the first accused (A-1), has to be convicted under Section 302 IPC and accordingly, convicted and sentenced him to imprisonment for life. The second appellant, who hereinafter will be referred to as the second accused (A-2), was convicted under Section 324 IPC and was sentenced to suffer rigorous imprisonment for a period of six months. Hence, the present appeal by both the accused.

(3.) The facts necessary to dispose of the appeal are as follows: