ANNADURAI Vs. STATE

JUDGEMENT

(1.) THE appellants 1 and 2 have assailed the judgment of the Principal Sessions Judge, Cuddalore Division, Cuddalore, made in S. C. No. 195/1998, finding A-1 guilty of the offence under Section 302 I. P. C. , and sentencing him to undergo life imprisonment, while A-2 was found guilty of the offences under Sections 341 and 302 read with 34 of I. P. C. , and sentenced to undergo life imprisonment for the offence under Section 302 r/w 34 I. P. C. and one month simple imprisonment for the offence under Section 341 I. P. C.

(2.) THE short facts necessary for the disposal of this appeal are as follows:

(3.) P. W. 10, the Inspector of Police, took up investigation, proceeded to the scene of occurrence, made an inspection in the presence of two witnesses and prepared Ex. P6, Observation Mahazar and Ex. P7, Rough Sketch. He conducted inquest on the dead body of the deceased in the presence of witnesses and panchayatdars and prepared an Inquest Report under Ex. P. 11. On 25. 10. 1997 at about 6. 00 a. m. , the Investigating Officer arrested the first accused. When he volunteered to give a confessional statement, it was recorded in the presence of witnesses. The admissible part is marked as Ex. P4. Consequent upon the same, he produced M. O. 1 knife which was recovered under Ex. P5 mahazar.