SARAVANAKUMAR ALIAS KUMAR Vs. STATE

JUDGEMENT

(1.) The appellants, are A-1 and A-2, in S.C.No.126 of 2015, on the file of the learned Additional District and Sessions Judge, Ramanathapuram. They stood charged and convicted for the offence under Sec. 302 r/w 34 I.P.C. and sentenced to undergo Life Imprisonment and to pay a fine of Rs.5,000.00 each, in default to undergo one year simple imprisonment. Challenging the aforesaid conviction and sentence, the appellants are before this Court with this Criminal Appeal.

(2.) The case of the prosecution in brief as follows: The deceased by name Ramanathan, is the son of P.W.1. The deceased and the accused belong to same village. On 11/6/2014, at about 3.00 p.m., there was a quarrel between A-1 and the deceased, in which, the deceased said to have taken the two-wheeler belongs to A-1. Subsequently, there was a mediation by P.W.1 and the vehicle was handed over to A-1. With that motive, in the intervening night of 11/6/2014 and 12/6/2014 at about 2.15 a.m., while the deceased was sleeping in the terrace of his house, both A-1 and A-2 attacked him with a Bill Hook. When the deceased raised alarm, P.W.1-mother of the deceased and P.W.2, related to the deceased, who were sleeping downstairs, came out and saw both A-1 and A-2 ran away with Bill Hook. Immediately, they called P.Ws.9 and 10, who are the neighbours. Since P.W.1 is a old lady and could not climb to upstairs, P.W.2 along with P.Ws.9 and 10, went to the upstairs and saw the deceased found dead with serious injuries, then, P.W.1 filed a complaint before the respondent police at about 7.00 a.m.

(3.) P.W.23, the Sub-Inspector of Police, received the complaint and registered the F.I.R(Ex.P13) in Crime No.52 of 2014, for the offence under Sec. 302 I.P.C., and sent the F.I.R to the Judicial Magistrate Court, and the copy to the Inspector of Police, for investigation.