KUMAR ALIAS KUMARAVEL Vs. STATE

JUDGEMENT

(1.) A neatly planned and draftly executed murder of the deceased by using a mini lorry as the weapon of offence is the subject matter of the prosecution.

(2.) Kumar (A1) is the younger brother of Sivaraman, the first deceased, who brought him up, gave education and got employment as a Police Constable. The said Kumar (A1) due to family dispute hatched a conspiracy along with A2 Kannan and A3 Chakravarthy to commit the murder of the deceased Sivaraman, his elder brother and in pursuance of the conspiracy, a mini lorry was engaged which was driven by A2 Kannan on 18.8.1998 and dashed against the TVS 50 in which the first deceased Sivaraman was riding, as a result of which, the second deceased Sarathambal, his grandmother sitting as a pillion-rider as well as Sivaraman were thrown on the road with injuries, which resulted in the instantaneous death. Initially, the case was treated as accident case and registered under Section 304-A I.P.C. Ultimately, truth that was a murder was found out during investigation. Then, all the three accused were charged and tried for the offences under Section 120-B and 302 I.P.C. A1 was convicted for the offences under Sections 120-B and 302 I.P.C. (two counts) and sentenced to undergo imprisonment for life concurrently. A2 was convicted for the offences under Section 120-B and 302 I.P.C. (two counts) and sentenced to undergo life imprisonment for each of the offences and the sentences were directed to run consecutively. A3 Chakravarthy was convicted for the offences under Sections 120-B and 302 (two counts) and sentenced to undergo life imprisonment for each of the offences and sentences to run concurrently.

(3.) The short facts leading to the conviction are as follows: