ANTHONI EDISON @ EDISON Vs. STATE

JUDGEMENT

(1.) The appellants are accused 1 and 2 in S.C.No.323 of 2008 on the file of the learned Additional District and Sessions Judge (FTC No.I), Tirunelveli. The third accused in the case was one Mr.Dilipan Raj @ Dilipan. Originally, there was yet another accused by name Anthony Mahesh Prabu, but during the investigation, he died. Therefore, the final report was filed only against three accused, who faced the trial. The trial Court framed as many as four charges. The first charge was against the accused 1 and 2 under Section 302 IPC; the second charge was against the accused 1 and 2 under Section 506(ii) IPC; the third charge was against the accused 1 and 3 under Sections 120-B r/w 302 IPC; and the fourth charge was against the third accused under Section 212 IPC. By judgment dated 29.11.2010, the trial Court acquitted the third accused from all the charges. So far as the appellants/A1 and A2 are concerned, the trial Court acquitted them from the charge under Section 506(ii) IPC and the first appellant/A1 was acquitted from the charge under Section 120-B r/w 302 IPC. The trial Court convicted the accused 1 and 2 under Section 302 IPC alone and sentenced them to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one year. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

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

(3.) Since there was no representation for the appellants, this Court appointed Mr.T.Antony Arulraj as the Legal Aid Counsel to argue the case of the appellants. We have heard the learned Legal Aid Counsel for the appellants and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully.