AYYAPAZHAM Vs. STATE

JUDGEMENT

(1.) THERE are two appeals in this case, namely. Cr1. A. No. 181 of 1971 filed by the accused and Crl. Appeal No. 267 of 1971 filed by the learned public prosecutor. The three accused were charged and tried under Section 341, Indian Penal Code, for having wrongfully restrained one Thirumal and also under Section 302 read with S. 34,I.P.C. for having committed the murder of the said Thirumal. But ultimately, the first accused was convicted under Section 341,I.P.C and sentenced to simple imprisonment for one month and accused 2 and 3 were convicted, each under Section 304, Part I, I.P.C. and sentenced to rigorous imprisonment for a period of five years. Crl. Appeal No. 181 of 1971 has been preferred by the three accused against their convictions and sentences. The learned Public Prosecutor has filed Crl. Appeal No. 267 of 1971 against the order of the acquittal of the accused under Section 302. read with S. 34, I. P. C. As both the appeals arise out of the same judgment, they are disposed of together.

(2.) THE prosecution case is simple. P.W. 1 Ponnambalam is a taxi driver. He has got a car stand at Kottaram. On the date of the occurrence (17th August 1970) at about 10 -30 a.m. he went to the house of Thirumal, the deceased, who was living near Agasthiar koil in Vadukanpattu, for the purpose of purchasing a carrier from him. P.W. 2 Thangamoni, who is also a co -driver accompanied P.W. 1.

(3.) THE Appellants, when examined, denied the offence and stated that the case was foisted on them. They did not examine any defence witnesses on their behalf.