LIAGATH ALI Vs. STATE

JUDGEMENT

(1.) THE appellants Liyagath Ali and Nawab alias Pallan have filed these two appeals in C.A.Nos.168 of 1994 and 992 of 1997 respectively challenging the conviction for the offences under Secs.120-B read with 302, 364 and 302, I.P.C. and sentence to undergo life imprisonment for the offence under Sec.302, I.P.C. and imprisonment for a period of five years and a fine of Rs.500, in default to undergo imprisonment for six months for the offence under Sec.364, I.P.C. No separate sentence was imposed for the offence under Sec.120-B read with Sec.302, I.P.C.

(2.) THE gravamen of the charge is that on 22.1.1992 at about 6.30 p.m., the appellants and P.W.1 approver Ravi hatched a conspiracy against the deceased Abdul Aziz alias Indias and in furtherance of the said conspiracy, the deceased was abducted in an auto at 10.30 p.m. and in a secluded placed, the accused 1 and 2 with the assistance of the approver, indiscriminately had stabbed the deceased and thrown the body in the vacant maidhan. On the basis of the evidence of P.W.1, the approver and the witnesses P.W.2 to P.W.27, Exs.P-1 to P-26 and M.O.1 to M.O.19, the trial Court convicted the appellants for the offence referred to above.

(3.) MR.Sudanthiram, the learned counsel for the second accused Nawab, the appellant in C.A.No.992 of 1997, would urge the following contentions, while adopting the arguments of the counsel for the first accused: