MURUGESAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal has been filed by the accused challenging the conviction and sentence imposed upon him vide judgment dtd. 5/10/2009 in S.C.No.168 of 1999 on the file of the learned Principal District and Sessions Judge, Villupuram.

(2.) (i) It is the case of the prosecution that the appellant along with four other accused with the intention to commit dacoity were in the habit of stopping vehicles in the highways, threatening the passengers and committing dacoity; that on 2/5/1997 the appellant along with four other accused armed with knives and machetes stopped a lorry bearing Regn.No.TN21 X 3178 transporting 113 bags of cashew nuts and caused the death of the driver and the cleaner of the lorry by smothering as they resisted the act of the accused; that thereafter they took away the 113 bags of cashew nuts and 5 tyres of the lorry, valued at Rs.2.75 lakhs in all.

(3.) Heard, Mr.M.Mohamed Saifulla, learned counsel appearing for the appellant, and Mr. Babu Muthu Meeran, learned Additional Public Prosecutor appearing for the respondent/State.