R. MANOHARAN Vs. STATE

JUDGEMENT

(1.) THE accused, alleged to have involved in a double murder case have challenged the convictions and sentences imposed against them in Sessions Case No. 109 of 2005 by the District and Sessions Court, Tiruchirapalli by way of filing these Criminal Appeals.

(2.) THE schema of the case of the prosecution is that on 03.03.2002 at about 08.30 pm the deceased Dharmalingam has demanded brandy on credit from Saravana wine shop which situates in Neithalur colony. The second accused has instigated the first accused to murder the said deceased Dharmalingam. The first accused has attacked on the person of the said deceased by using a knife and thereby caused fatal injuries. Likewise, at the instigation of the second accused, the first accused has also attacked one Thangavel by using the same knife and thereby caused fatal injuries and due to injuries sustained by them, the said Dharmalingam and Thangavel have passed away. During the course of occurrence, the first accused has attacked the persons namely Sakthivel S/o.Muthuveeran and another Sakthivel S/o.Kathan by using the very same knife with an intention to murder them. After occurrence, the de facto complainant by name Sakthivel S/o.Muthuveeran has been admitted in Seahorse hospital, Tiruchirapalli, wherein the Sub Inspector of Police by name Rajasekar (PW20) has recorded a statement from him and the same has been marked as Ex.P1. The statement given by PW1 has been registered in Crime No. 87 of 2002.

(3.) THE post -mortem report has been marked as Ex.P7. The doctor by name Karthikeyan (PW13) has conducted autopsy on the body of the deceased Dharmalingam and he found the following internal and external injuries: