MOORTHY Vs. STATE

JUDGEMENT

(1.) THE appellants are two in number and they are accused Nos. 1 and 2 in Sessions Case No. 168/1994 on the file of Additional Sessions Judge, Nagapattinam and they will be referred as accused Nos. 1 and 2 respectively in this Judgment for the sake of convenience.

(2.) UNDER Charge No. 1, accused No. 1-Moorthy was charged under Section 302 IPC for the offence of causing the death of Selvaraj by attacking him with Aruval. Under Charge No. 2, accused No. 2-Anandan was charged under Section 302 IPC read with Section 34 IPC on an allegation that in furtherance of common intention to cause the death of Selvaraj, he also attacked Selvaraj during the occurrence with stick, resulting in his death. The learned Sessions Judge found both the accused guilty of the charges framed against them and accordingly, convicted and sentenced them to undergo imprisonment for life. Challenging the said conviction and sentence, both the accused have preferred the present appeal.

(3.) TO prove its case, prosecution has examined P. Ws. 1 to 18 and marked Exs. P1 to P24 as well as M. Os. 1 to 9.