MURUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Appeal has been preferred by the appellants against the conviction and sentence imposed by the learned Sessions Judge, Chengalpattu, dated 20-8-90 in S.C. No. 174 of 1989.

(2.) The appellants will hereinafter be referred to as "accused 1 and 2". The acquitted accused will be referred to as "the third accused". They stood trial before the learned Sessions Judge, Chengalpattu. Three charges were framed against the accused. Under charge No. 1 A.1 and A. 2 were charged for an offence under S. 302, IPC read with S. 34, IPC on the allegation that on 19-5-1984 between 8-00 p.m. and 10.00 p.m. in front of Pazhandiamman Temple near the Seashore, Panayarkuppam, in furtherance of their common intention, they committed the murder of Radhakrishan, who came from Andhra Pradesh by strangulating his neck. Under charge no. 2, the appellants were charged for an offence under S. 392, IPC on the allegation that in the course of the same transaction, they committed theft of cash, clothes M.Os. 1 to 5 and a suit case, M.O. 6 from Radhakrishnan. Under charge No. 3, the acquitted accused was charged under S. 201, IPC on the allegation that he caused the evidence of the said offence to disappear by dragging the dead body of Radhakrishnan and throwing it in the sea. The appellants were found guilty under charges 1 and 2. For the offence under S. 302, read with S. 34, IPC each of the appellants was sentenced to undergo imprisonment for life. Under charge No. 2, each of them was sentenced to undergo rigorous imprisonment for a period of seven years. The learned Sessions Judge foundcharge No. 3 has not been proved and acquitted the third accused."

(3.) The case of the prosecution as disclosed by the witnesses and the Exhibits marked is the following :-