SADHASIVAM Vs. STATE

JUDGEMENT

(1.) This appeal arises from the judgment of the learned Principal Sessions Judge, Ramanathapuram at Madurai in Sessions Case No. 105 of 1985 dated 10-10-1985. In the aforestated Sessions Case, the appellant stood charged under Section 302 read with Section 34, I. P. C. on the allegation that at or about 2.30 p.m. on 27-10-1983 at Oduvanpatti, within the limits of S. V. Mangalam Police Station, in furtherance of the common intention of committing the murder of Karuppiah, son of Vellaisami, the appellant caught hold of deceased Karuppiah while the absconding accused Karuppiah committed the said murder by cutting the deceased with an aruval indiscriminately on his head, neck, chest and other parts of the body and caused his death. Since the other accused Karuppiah was absconding, the case was split up, and charge as stated above, was framed against the appellant alone and he was tried by the learned Sessions Judge. The appellant pleaded not guilty to the charge. After trial, the learned Sessions Judge found the appellant guilty of the offence as charged, convicted and sentenced him to imprisonment for life.

(2.) Briefly stated, the prosecution case is as follows:

(3.) When the appellant was examined under Section 313, Cr. P. C., he denied his complicity in the crime. He denied that he caught hold of deceased Karuppiah when the absconding accused Karuppiah cut the deceased with aruval. He stated that he had no knowledge of the occurrence and he has been falsely implicated. He added that he surrendered at Singampunari police station of his own accord on 30-10-1983 and was not arrested as alleged. No defence witness was examined.