MUTHUPANDI Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellants 1 and 2 are the accused 1 and 2 in S.C.No.176 of 1999 on the file of the Principal Sessions Court, Virudhunagar District at Srivilliputhur. THE first appellant/first accused was convicted for the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,500/- and in default to undergo 6 months simple imprisonment and the second appellant/second accused was convicted for the offences under Sections 341, 302 r/w. 34 I.P.C. and he was sentenced to pay a fine of Rs.500/- and in default to undergo one week simple imprisonment for the offence under Section 341 I.P.C. and he was also sentenced to undergo life imprisonment and to pay a fine of Rs.1,500/- and in default to undergo six months simple imprisonment for the offence under Section 302 r/w. 34 I.P.C. Challenging the conviction and sentence, the appeal was preferred by the appellants.

(2.) IT is now reported that the first accused/first appellant had died. The Sub Inspector of Police, Sattur Taluk Police Station, has filed a report stating that the first petitioner/first accused Muthupandi had died in the year 2005. Hence, the appeal in respect of the first accused abates.

(3.) WHEN the accused was questioned under Section 313 of the Code of Criminal Procedure in respect of the incriminating materials appearing against him through the evidence adduced by the prosecution, he has come forward with the version of total denial.