MUTHUKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.76 of 2007 on the file of the learned Principal Sessions Judge, Virudhunagar District at Srivilliputhur. There were totally two accused in this case. The second accused was one Mr.Mariappan @ Naduvula Mariappan. He is the father of the appellant/A1. The trial Court framed as many as 4 charges against the accused. The charge Nos.1 to 3 were framed against the appellant/A1 under Section 302, 404 and 201 IPC respectively and the fourth charge was against the second accused under Section 201 r/w 302 IPC. By judgment dated 25.03.2008, the trial Court acquitted the appellant/A1 from the charge under Section 201 IPC, but convicted him under Sections 302 and 404 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for one year, for the offence under Section 302 I.P.C and to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for six months. The trial Court acquitted the second accused from the charge. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal.

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

(3.) We have heard Mr.T.J.Ebenezer Charles, the learned Legal Aid Counsel appearing for the appellant/A1 and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully.