MUTHURAMAN @ GANESAN; MUTHU Vs. STATE

JUDGEMENT

(1.) Since these two Criminal Appeals arise out of a Common Judgment, they were heard together and they are disposed of by means of this Common Judgment. The appellant in Crl.A.(MD).No.406 of 2010 is the first accused and the appellant in Crl.A.(MD).No.271 of 2011 is the second accused in S.C.No.225 of 2003 on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. There was yet another accused by name Arul Mohan @ Mohan, who was arrayed as the third accused in the case. The trial Court framed as many as three charges against the accused. The first charge was against the accused 1 to 3 under Section 341 IPC; the second charge was against the first accused under Section 302 IPC and the third charge was against the accused 2 & 3 under Section 302 r/w 114 IPC. By judgment dated 15.02.2010, the trial Court acquitted the third accused from the charges, but convicted the accused 1 and 2 alone for the offences under Sections 341, 302 and 302 r/w 114 IPC. The trial Court sentenced the appellants/A1 and A2 to undergo simple imprisonment for one month for the offence under Section 341 IPC and 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 in respect of the first accused and under Section 302 r/w 114 IPC in respect of the second accused. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

(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.