(1.) THE appellants, two in number, challenge their conviction and sentence. Two other persons were also tried along with them, but they were acquitted by the learned trial Judge. The appellants and the other two accused, who were acquitted, were charged under Sections 341 and 302 read with 34 I. P. C. While the appellants, who were arrayed as A-1 and A-2, were convicted under Section 341 I. P. C. , for which, though no separate sentence was imposed, on being convicted under Section 302 read with 34 I. P. C. , were each sentenced to imprisonment for life, while the other two accused were acquitted under the said charges.
(2.) THE case of the prosecution is as follows:-P. Ws. 1 to 3 and the deceased Raju are friends. The appellants and A-3 and A-4, who were acquitted, are also friends. At about 8. 30 p. m. on 23. 10. 95, P. W. 1 and the deceased along with P. W. 2 were proceeding towards Sanniyasipuram from Lockma Nagar. When they were nearing a tea stall, the first appellant, who was standing there, questioned them as to why they are proceeding that way as they were asked not to go that side. Along with the first appellant, the second appellant and the other two accused were also present. The deceased, using abusive language, questioned the first appellant whether the road belongs to his father. The first appellant slapped the deceased. P. W. 1 called the deceased and told him that they should leave the place. But the deceased refused to leave the place. The first appellant, taking an aruval, which he had in his hand, cut him on the neck. The second appellant cut him on the right left. The other two accused, who were acquitted, also stabbed him. P. Ws. 1 and 2 saw the occurrence and ran away from the place, out of fear. A crowd gathered and the appellants and the other two accused ran away from the place. P. Ws. 1 and 4 placed the deceased Raju in an auto and took him to Kilpauk Medical College Hospital, where he was produced before P. W. 6, the Casualty Medical Officer, who, on examining Raju, found him dead. The death intimation is Ex. P. 4. P. W. 1 left the hospital and proceeded to Secretariat Colony police station and gave a complaint to Vasudevan, Sub-Inspector, who is since dead, at 9. 30 p. m. The said complaint is Ex. P. 1. A case in Crime No. 1687 of 1995 was registered against the appellants and two others and the printed first information report is Ex. P. 20. Investigation in the crime was taken up by P. W. 13, the Inspector of Police, Law and Order, of G-5 Secretariat police station at about 9. 30 p. m.
(3.) P. W. 13, on taking up investigation in the crime, proceeded to the scene of occurrence and reached it at 10. 30 p. m. , where, an observation mahazar, Ex. P. 6 and a rough sketch, Ex. P. 21, were prepared. The photographer, P. W. 11, took photographs of the scene of occurrence. He seized M. Os. 5 and 6, in the presence of witnesses, under a mahazar, Ex. P. 7. Between 1. 00 a. m. and 3. 30 a. m. on the night of 23/24. 10. 95, the inquest over the body of Raju was conducted by preparing the inquest report, Ex. P. 22, during which, P. Ws. 1, 2 and 4 were questioned and their statements were recorded.