DEIVENDRAN Vs. STATE

JUDGEMENT

(1.) This judgment shall govern these two appeals, viz. Crl.A. (MD)No.189 of 2009 by the second accused and Crl.A.(MD) No.322 of 2009 by the first accused, who have stood, charged, tried and found guilty by the Additional District & Sessions Judge, Fast Track Court No.3, Madurai in S.C. No.317 of 2007 under Sections 302 r/w 34 and 380 r/w 34 IPC and both of them were awarded life imprisonment under Section 302 r/w 34 IPC and 5 years R.I. under Section 380 r/w 34 IPC.

(2.) The short facts that are necessary for the disposal of these appeals can be stated as follows:-

(3.) Advancing arguments on behalf of the accused / appellants, the learned counsel, inter alia, have submitted that the prosecution came up with a story that the occurrence has taken place on 11.08.2004 between 12.00 and 1.30 p.m., in which the deceased, aged about 84, was killed by the accused, for which the prosecution had no direct evidence to offer. The learned counsel further added that the only evidence available for the prosecution was that of P.W.1.