VISWANATHAN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.41 of 2009 on the file of the learned Additional Sessions Judge, (Fast Track Court No.II) Trichy. They stood charged for the offence under Section 302 r/w.34 IPC. By judgment, dated 23.09.2012, the trial Court convicted them under Section 302 r/w 34 IPC and sentenced them to undergo imprisonment and to pay a fine of Rs.5,000/- each, in default, to undergo imprisonment for one year. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

(2.) The case of the prosecution is as under:-

(3.) It is alleged that on 16.10.2008, at about 10.00 a.m, the deceased Manikandan requested P.W.1 over phone to amicably settle the matrimonial dispute between him and his wife. Therefore, on the same day, at about 6.30 p.m, P.W.1 went to the house of P.W.6, who is the mother of the deceased. When P.W.1 enquired P.W.6, about the deceased, P.W.6 told her that he had gone to Pallakadu Village along with his friends. Therefore, P.W.1 went in search of him to Pallakadu Village. When P.W.1 reached the place near a tea shop known as "Malar Tea Shop", P.Ws.3 to 5 who are the friends of the deceased were already standing.