A. RAMKUMAR Vs. STATE

JUDGEMENT

(1.) The first accused in Sessions Case No. 66 of 2000 on the file of II Additional Sessions Judge-cum-Chief Judicial Magistrate, Krishnagiri has preferred Criminal Appeal No. 836 of 2002 and the second accused therein has preferred Criminal Appeal No. 558 of 2004. Both the accused stand convicted for offences under Sections 302, 364 and 201 of I.P.C., and sentenced to undergo life imprisonment for the offence under Sec. 302, I.P.C. together with a fine of Rs. 1,000.00 each, carrying a default sentence. For the offence under Sec. 364 of I.P.C., each one of them stands sentenced to undergo three years rigorous imprisonment together with a fine of Rs. 1,000.00 carrying a default sentence and for the offence under Sec. 201, I.P.C., each one of them stands sentenced to undergo one year's rigorous imprisonment. The sentences are directed to run concurrently.

(2.) The charge against the accused is that they conspired on 14.3.1999 to do away with the life of Manoj Kumar and thereby committed an offence under Sec. 120-B of Indian Penal Code. In the course of same transaction on the very same day, at about 11.00 a.m., they kidnapped a minor boy, aged 10 years and thereby they committed an offence under Sec. 364 of I.P.C. On the very same day, at about 5.00 p.m., in furtherance of the common intention to cause the death of Manoj Kumar, the first accused having throttled Manoj Kumar, put him in a gunny bag, containing stones and pushed him along with the gunny bag in a well and caused his death and thereby, committed an offence punishable under Sec. 302 of Indian Penal Code. Both the accused attempted to screen the evidence, after the commission of murder and thereby committed an offence under Sec. 201 of Indian Penal Code, the charge reads further.

(3.) On the side of prosecution, as many as 26 witnesses were examined, besides marking 33 documents and 8 material objects.