PALANISAMY Vs. STATE

JUDGEMENT

(1.) These Criminal Appeals have been filed by Accused Nos.1 and 2 challenging the conviction and sentence imposed upon them vide judgment dtd. 30/11/2017 in S.C.No.327 of 2016 on the file of the learned III Additional Sessions Judge, Salem.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

(3.) (i) The case of the prosecution is that A1 and A2 are brothers; that A1 was involved in several criminal cases and therefore, the villagers were against A1; that A1 was involved in the murder of his cousin one Saravanan and that the villagers deposed against A1 in the said case; that in order to create fear in the minds of the villagers, A1 decided to cause the death of two of the villagers by name Annadurai (hereinafter referred to as 'D1') and Mani (hereinafter referred to as 'D2') and told A2 about the plan for which A2 agreed and pursuant to the said conspiracy, on 17/1/2016, A1 and A2 called the two deceased D1 and D2 at about 7.00 a.m., for consuming liquour along with them and mixed organo phosphorus compound in the liquour viz., beer and brandy, which was consumed by the deceased, who died immediately; that thereafter in the night at about 11.00 p.m., threw the body of the deceased in the land belonging to one Kunjupaiyan-PW9 and thereafter buried the bodies in the said place.