KALAI @ KALAIKUMAR; SELVAKUMAR; KANNAN; MURUGAN @ MURUGANANDAM Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 to 4 in S.C.No.155 of 2005 on file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. The first accused stood charged for the offences under Sections 294(b), 506(ii) and 302 IPC and the accused 2 to 4 stood charged for the offences under Sections 342 and 302 r/w 34 IPC. By judgment dated 21.01.2009, the trial Court convicted the first accused under Section 302 IPC and the accused 2 to 4 under Sections 342 and 302 r/w 34 IPC, and acquitted the first accused from the charges under Sections 294(b) and 506(ii) IPC. The trial Court has sentenced the first accused to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one year for the offence under Section 302 IPC. The trial Court has also sentenced the accused 2 to 4 to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one year for the offence under Section 302 r/w 34 IPC and to undergo rigorous imprisonment for one year for the offence under Section 342 IPC. Challenging the conviction and sentence, the appellants are before this Court with this appeal.

(2.) The case of the prosecution in brief is as follows;

(3.) We have heard the learned counsel appearing for the appellants and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully.