SADAIAN Vs. STATE

JUDGEMENT

(1.) A-1 to A-4 are the appellants. A-1 has been convicted under Section 302 I.P.C. and A-2 to A-4 have been convicted under Section 302 read with Section 34 I.P.C. and all the four have been sentenced to undergo life imprisonment by the learned Additional Sessions Judge, (Fast Track Court No.II), Salem, in S.C.No.356 of 2000 by the judgment dated 06.03.2002. The appellants, A-1 to A-4 are challenging their conviction and sentence in this appeal.

(2.) THE prosecution case in a nutshell, as unfolded by the evidence adduced by the prosecution, is as follows:

(3.) THE Inspector of Police-P.W.15, received Exs.P.1 and 12 on 10.10.1999 at 5.00 a.m. and thereafter he went to the scene of occurrence and prepared the Observation Mahazar-Ex.P.2 and the Rough Sketch-Ex.P.18 and examined the witnesses. THEreafter P.W.15 arrested A-1 to A-4 at 9.30 a.m. on 10.10.1999 near Naraikinaru Pirivu Road Bus stop and recorded a statement from A-1, the admissible portion of which is Ex.P.3. In pursuance of the same, he recovered the Kuthukol-M.O.1, blood stained shirt-M.O.2, under Ex.P.4. THEreafter he remanded the accused for judicial custody. Since the deceased was unconscious, he recorded the statement of P.W.1 at 4 p.m. and recovered M.O.3-dothi of the deceased, M.O.4-another dothi produced by P.W.1 under Ex.P.19. He has examined the Doctor.