CHELLADURAI ALIAS KARUPPUSWAMY Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) THE appellants in both the appeals are Accused 1 to 3. Accused-2 has filed Crl. Appeal No.1060/98, while Accused 1 and 3 have filed Crl. Appeal No. 3/99. Appellants were convicted under Section 302 read with 149 I.P.C. and each sentenced to undergo life imprisonment each.

(2.) INITIALLY, five accused were charge sheeted and tried for the offences under Sections 147,148,302, and 302 read with 149 I.P.C. Accused 4 and 5 have been acquitted. Accused 1 to 3 alone were convicted under Section 302 read with 149 I.P.C. Hence, both these appeals.

(3.) MR. Syed Fasiuddin, learned counsel appearing for the appellants in Crl. Appeal No.3/1999, who are accused 1 and 3 took us through the entire evidence and pointed out various discrepancies in order to establish that P.Ws.1 and 2 could not have seen the occurrence and as such, their evidence is unreliable. He would also read out various portions of evidence to show that F.I.R. could not have been prepared at the time as alleged by the prosecution.