SELLAMUTHU Vs. STATE

JUDGEMENT

(1.) THE second accused in Sessions Case No.120 of 2003 on the file of the Sessions Judge, Perambalur filed the present appeal against the judgment of the trial Court convicting and sentencing him to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default to undergo rigorous imprisonment for three months for an offence under section 302 read with 34 of the Indian Penal Code. THE first accused was tried for an offence under section 302 of the Indian Penal Code and was convicted for the same and was awarded a like sentence. One Kalaivanan was also alleged to have been involved in the incident. THE case against him was split up as he was a juvenile.

(2.) THE respondent police laid a charge against the accused that on 21.11.2002 at 06.30 pm in the graveyard of Wallajahnagaram colony, with an intention to cause the death of the illicit arrack seller Ashok, as he refused to give arrack free of cost to the first accused, accused 1 and 2 along with one Kalaivanan, kidnapped the deceased Ashok to Kairalabath colony. THE second accused and Kalaivanan caught hold of the deceased and the first accused launched a heavy blow on the head and beat on the deceased and thereby caused his death and thus the first accused committed an offence under section 302 of the Indian Penal Code and the second accused committed an offence under section 302 read with 34 of the Indian Penal Code. To prove the charge, the prosecution examined as many as 16 witnesses and marked 10 exhibits and three material objects.

(3.) WHEN the accused were questioned under section 313 of the Code of Criminal Procedure, the second accused denied all the allegations. On perusal of the materials available on record and upon hearing the arguments on either side, the trial court ultimately convicted accused 1 and 2 as referred to above. As already stated, this appeal is at the instance of the second accused alone.