R KULANDAVELU Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by the first accused in S.C. No. 116 of 1985 on the file of the First Additional Sessions Judge, Salem, challenging the legality and correctness of his conviction under Section 302 Indian Penal Code and the sentence to imprisonment for life.

(2.) The appellant for the offences under Sections 120-Band 302 I.P.C. and the second accused for the offences under Sections 120 B and 302 read with Section 109 I.P.C. were tried on the allegation that in pursuance of criminal conspiracy and at the instigation of the second accused, on 7-12-1984 at about 5.45 p.m. at Konnaiyar village the appellant drove the lorry bearing registration No. TNF 2124 and ran over Thalaippakaran alias Ramasami Goundar as a result of which he died.

(3.) In support of the said charges, the prosecution examined P.Ws. 1 to 21, filed Ex. P. 1 to P. 23 and marked M.Os. 1 to 10.