DHARMAR Vs. STATE

JUDGEMENT

(1.) The appellants, who are accused in S.C.No.154 of 2000 on the file of the learned First Additional District and Sessions Judge (PCR), Tiruchirappalli, were found guilty and A-1 and A-2 were convicted under Section 302 read with 34 I.P.C and A-3 was convicted for the offence under Section 302 Indian Penal Code and they are sentenced to undergo life imprisonment and also to pay a fine ofL1,000/-, in default to undergo further sentence of rigorous imprisonment for three months. Challenging the said conviction and sentence, the appellants have come forward with these criminal appeals.

(2.) The sum and substance of the case of the prosecution, in brief, as unfolded by the witnesses examined is as follows:-

(3.) In continuation of his investigation, on 06.04.2008 at about 04.00 p.m., P.W.19 arrested the accused in the presence of witnesses. At that time, the first appellant / first accused came forward with a voluntary confession statement. P.w.19 recorded the same and on the basis of the said confession, he recovered the material objects under a mahazar. He sent the accused to judicial custody. He examined the witnesses and recorded their statements. He sent a requisition to the Court to forward the material objects for chemical examination. On 17.04.2008 Sermagani succumbed to the injuries in the hospital. P.W.19 conducted inquested over the dead body of Sermagani and Ex.P.20 is the Inquest Report. P.W.9 - Dr. Paramasivan conducted post mortem on 17.04.2008 at 03.50 p.m., and found the following:-