RAJAN Vs. STATE

JUDGEMENT

(1.) The appellant herein along with his father second accused were tried as first accused and second accused respectively in S.C.No.1 of 1995 by the learned Principal Sessions Judge, Tuticorin for the offence punishable under Section 302 I.P.C. committed by the first accused and for the offences punishable under Sections 324 and 302 read with 34 I.P.C. committed by the second accused at about 1.30 pm on 31.10.1992 at Palayakayal Village within the jurisdiction of the Police Station at Eral, Tuticorin District. While the first accused was found guilty of the offence punishable under Section 302 I.P.C., convicted for the same and sentenced to undergo imprisonment for life, the second accused was found not guilty of the charges framed against him and therefore, acquitted, by judgment dated 27.1.1998 made in S.C.No.1 of 1995 by the learned Principal Sessions Judge, Tuticorin, aggrieved by which, the first accused has preferred the above appeal.

(2.) For the sake of convenience the parties are described as per their rank in the Sessions Case.

(3.) The prosecution case is that: The first accused, who was already married, eloped with Antoniammal, who is the younger sister of deceased Mathiazhagan, and was living with her in a hut at Palayakayal Village, along with his first wife and sister by name Vijaya, which is very close to that of the deceased Mathiazhagan, who was living with his another sister Tamilarasi (P.W.1), his mother Innasiammal (P.W.3), elder brother Sekar (P.W.8) and his wife Pitchakani (P.W.2). These facts are not in dispute.