AROKKIASAMY Vs. STATE

JUDGEMENT

(1.) THE appellants in this appeal were tried in S.C. No: 28 of 2004 on the file of Court of Sessions, Perambalur, for offences under Section 342 I.P.C. (A.1 to A.3) Section 302 I.P.C. (A.1 to A.3) Section 326 I.P.C. (A.3) and Section 326 read with 34 (A.1 and A.2). At the end of the trial, the trial Court found A.2 guilty under Section 342 I.P.C. A.1 guilty under Section 302 I.P.C. A.2 and A.3 guilty under Section 302 read with 34 A.3 guilty under Section 326 and A.1 and A.2 under Section 326 read with 34 I.P.C. For the capital offence each one stands sentenced to undergo imprisonment for life together with a fine of Rs.1,000/- carrying a default sentence. For the offence under Section 326 I.P.C. each one stands sentenced to undergo three years R.I. together with a fine of Rs.500/- carrying a default sentence. THE sentences were directed to run concurrently. Heard Mr. T.Sudanthiram, learned counsel appearing for the appellants and Mr. C.T. Selvam, Additional Public Prosecutor for the State.

(2.) ACCORDING to the prosecution, the occurrence took place at 7.00 p.m. on 20.09.2002 while the second accused wrongfully restrained Anthonisamy, since deceased, A.1 fatally stabbed him with suri knife and in the course of the same transaction, A.3 caused grievous hurt to P.W.2 and, therefore, punishable as referred to above. To substantiate their case, the prosecution examined P.Ws. 1 to 13 besides marking exhibits P.1 to P.16 and M.Os. 1 to 6. The defence did not let in any oral evidence but, however, they marked exhibits D.1 to D.4.

(3.) P.W. 13 continued his investigation by examining witnesses and recording their statements. At 5.30 p.m. on 21.09.2002, he arrested A.1 to A.3 in the presence of P.W.7 and another. At that time, A.1 gave a voluntary confession statement, the admissible portion of which is Ex.P.2. Pursuant to P.2, M.Os. 1 and 2 came to be recovered under a mahazar, Ex. P.3 attested by the same witnesses. P.W.13 came back to the police station along with the arrested accused and the incriminating objects. The accused were sent for judicial remand. The incriminating objects were sent to Court with a requisition Ex. P.13 to subject the same for chemical examination. As an enclosure to Court's letter Ex. P.14, the case properties were sent to the laboratory. Ex. P.15 is the serologists report and Ex.P.16 is the biology report. P.W. 13 examined further witnesses by recording their statements.