M ARUMUGAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 to 3 in S.C.No.330 of 2009, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.I, Tirunelveli. Including the appellants, there were a total number of seven accused. The Trial Court framed as many as four charges. The first charge was against all the seven accused under Section 120-B read with 302 I.P.C.; the second charge was against the accused 1 to 3 under Section 294(b) I.P.C.; the third charge was against the accused 1 to 3 under Section 302 I.P.C. and the fourth charge was against the accused 4 to 7 under Section 302 read with 34 I.P.C. By Judgment, dated 02.11.2010, the Trial Court acquitted the accused 4 to 7 from all the charges. The Trial Court acquitted these appellants also from the charges under Sections 120-B read with 302 I.P.C. and 294(b) I.P.C. The Trial Court convicted these three appellants alone under Section 302 I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/- each, in default to undergo simple imprisonment for one year. Challenging the said conviction and sentence, the appellants have come up with these Criminal Appeals.

(2.) During pendency of these appeals, the first accused Mr.Arumugam, died on 02.06.2012. The legal representatives of the first accused have not come up to prosecute the appeal further. Thus, the appeal as against the first accused, stands abated. Thus, we are concerned only with the appeal preferred by the accused 2 and 3.

(3.) The case of the prosecution, in brief, is as follows: