RAMAMOORTHY Vs. STATE

JUDGEMENT

(1.) THE appellant is the first accused in Sessions Case No.44 of 1998 on the file of learned Additional Sessions Judge cum Chief Judicial Magistrate, Ramanathapuram. He was convicted under Section 302 IPC and sentenced to undergo imprisonment for life. He challenges the said conviction and sentence in this appeal.

(2.) TOTALLY there are three accused (A-1 to A-3) in the case. Accused Nos. 1 and 2 are brothers and A-3 is their mother. The charge against Accused No.1, the present appellant, was under Section 302 IPC and the charge against Accused Nos.2 and 3 were under Sections 341 and 302 read with Section 34 IPC. To prove the charges against the accused, the prosecution examined 10 witnesses as P.Ws.1 to 10, marked Exs. P-1 to P-9 as well as M.Os.1 to 4. On the side of defence, the brother of A-3 was examined as D.W.1. However, no documentary evidence was brought before the Court at the instance of the accused. At the end of trial, the trial Court, while acquitting Accused Nos.2 and 3, found Accused No.1 guilty under Section 302 IPC, convicted him thereunder and sentenced to undergo imprisonment for life, against which Accused No.1 has preferred the above appeal. However, there is no appeal by the State against the acquittal of Accused Nos.2 and 3. For the purpose of convenience, hereinafter the appellant will be referred to as Accused No.1.

(3.) WE have given our careful consideration to the rival submissions of the learned counsel on either side.