RAGHUNESAN; RAJAGOPAL; A JEYAROOBAN @ MAVU 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.

(2.) The appellants in Crl.A.(MD).No.198 of 2014 are the accused Nos.2 & 3 and the appellant in Crl.A.(MD).No.177 of 2015 is the accused No.4 in S.C.No.159 of 2010 on the file of the I-Additional District Judge (PCR), Tiruchirapalli. The first accused is absconding and he did not face the trial in full and therefore, the case against him was split up. The trial Court framed as many as three charges. The first charge was against the first accused under Section 302 IPC. The second charge was against the accused 2 to 4 under Section 109 r/w 302 IPC. The third charge was against the accused 2 to 4 under Section 302 r/w 34 IPC. By judgment dated 30.04.2014, the trial Court has acquitted the appellants / accused 2 to 4 from the charge under Section 109 r/w 302 IPC, but convicted them under Section 302 r/w 34 IPC and sentenced them to undergo imprisonment for live and to pay a fine of Rs.2,000/- each, in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the accused 2 to 4 are before this Court with these appeals.

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