DURAIRAJ Vs. STATE

JUDGEMENT

(1.) This appeal has been filed against the judgment and order passed by the I-Additional District and Sessions Court(PCR), Tiruchirappalli, made in S.C.No.44 of 2019, dtd. 9/10/2019, convicting and sentencing the appellants for offence under Sec. 302 r/w 34 IPC (2 counts) and to undergo Life Imprisonment for each count and to pay a total fine of Rs.2000.00, in default, to undergo two years Simple Imprisonment.

(2.) The case of the prosecution is that the deceased Arumugam(D1) and Tirupathi(D2) are brothers and there was a previous enmity due to an earlier incident, whereby the deceased along with Lakshmanan are said to have murdered Natarajan and Nagarajan, who are the relatives of the accused persons. That apart, there was also a land dispute between the family of the deceased and the family of the accused persons. On 27/5/2015 at about 11.30 a.m., when the deceased were engaged in putting up a temporary structure, the accused persons entered the property with M.O.1 to M.O.3 and abused the deceased and attacked them indiscriminately, resulting in the death of both D1 and D2 on the spot.

(3.) P.W-1, who was the wife of D2, went along with her daughter and informed the police about the incident and it was reduced to writing and a complaint(Ex.P1) was prepared. The FIR(Ex.P15) was registered by P.W-17 at about 12.30 p.m. on 27/5/2015.