CHINNA THAMBI Vs. STATE

JUDGEMENT

(1.) The appellants are accused 1 and 2 in S.C.No.73 of 1996 on the file of Principal Sessions Court, Thanjavur. By the judgment dated 07.11.1996, learned Principal Sessions Judge, Thanjavur convicted the appellants / accused 1 and 2 under Sec.302 read with Sec.34 of I.P.C and sentenced each of them to undergo Life Imprisonment. By the same judgment, for causing the evidence to disappear, the appellants were also convicted under Section 201 of I.P.C., for which, the appellants were sentenced to undergo Rigorous Imprisonment for four years.

(2.) The case of prosecution could briefly be stated thus: One Mala was married to one Dhanabal and she gave birth to a male child. Thereafter she was deserted by the said Dhanabal. Subsequently, Mala developed intimacy with A-1-Chinnathambi. Later, the said Mala is said to have had illicit intimacy with the deceased Kulandaivelu, much to the disliking of A-1-Chinnathambi. A -1-Chinnathambi warned Mala to desist from that intimacy, for which Mala refused to oblige due to which, A-1-Chinnathambi developed grudge against Kulandaivelu and hatched a plan with A-2-Nadimuthu, who is a close friend of A-1, to do away with Kulandaivelu.

(3.) On 13.05.1994, at about 06.00 p.m., the deceased Kulandaivelu had hired a cycle from the cycle shop of P.W.10-Srinivasan. A-1 and A-2 are alleged to have taken Kulandaivelu with them. On the same day, at about 10.30 p.m., near Pillaiyar Temple at South Mannankadu, P.W.3 - Marimuthu had noticed A-1-Chinnathambi, A-2-Nadimuthu and deceased Kulandaivelu with a cycle. P.W.3-Marimuthu flashed a torch light and saw them proceeding.