SURESH; VIJAYAKUMAR AND PRASAD Vs. STATE REPRESENTED BY INSPECTOR OF POLICE, MINJOOR POLICE STATION, CHENGAI MGR DISTRICT

JUDGEMENT

(1.) The appellants herein have preferred this appeal challenging the judgment of the District and Sessions Judge, Chengalpet, made in S.C.No.5 of 1994 finding them guilty of the offences under Ss 449, 380 and 302 read with 34 of Indian Penal Code and sentencing them to undergo R.I. for three years for the offence under S. 380 of IPC, five years R.I. for the offence under S. 449 of IPC and life imprisonment for the offence under S. 302 read with 34 of IPC.

(2.) The appellants before this court will be hereinafter referred to as accused (A-1 to A-3) for the sake of convenience.

(3.) The accused stood charged for the offences under Ss 449, 302 read with 34 and 380 of Indian Penal Code, alleging that in the midnight of 13.7.1992, the accused made house trespass into Door No.42, Thirunarayanan Street, Vaikunda Perumal Nagar, Athipattu, in order to commit offence punishable with death, committed the murder of Venkatesan by using a towel and have stolen away a gold ring weighing 1/2 sovereign, a wrist watch and Rs.800/- from the said house.