SEKAR; ANBU Vs. STATE AND ORS

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.29 of 2010 on the file of the learned I Additional District Judge, Tiruppupr. The trial Court framed as many as four charges. The first charge was against A.1 for offence under Section 307 I.P.C; the second charge was against A.2 under Section 307 r/w 34 I.P.C; the third charge was against A.1 under Section 302 I.P.C., and the fourth charge was against A.2 for offence Under Section 326 I.P.C. By judgment dated 31.08.2012, the trial Court convicted both the accused for offences under Sections 324 & 302 I.P.C., respectively. The trial Court sentenced A.1 to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo simple imprisonment for three months, for offence under Section 324 I.P.C; sentenced A.2 to undergo imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for six months for offence under Section 302 I.P.C. The trial Court acquitted A.1 from the charge under Section 302 r/w 34 I.P.C., and acquitted A.2 from the charge under Section 307 r/w 34 I.P.C. Challenging the said conviction and sentence, the appellants/A.1 & A.2 are before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) On 29.04.2007, at about 9.00 pm, P.W.1 and his brother, the deceased Mr.Babu Raj, were walking on the main road at K.V.R.Nagar to answer the natures call. When they were nearing the shop belonging to one Mrs.Palaniammal, Mr.Mottai @ Tamilan Sakthivel along with these two accused, suddenly, emerged in front of them. Mr.Mottai @ Tamilan Sakthivel, took out a knife from his waist and attacked P.W.1 and stabbed him on his stomach. The blow fell on the left side of the stomach resulting in a deep stab wound. A.1 took out a knife and caused a stab injury on the head of P.W.1. The deceased intercepted with an attempt to save P.W.1. A.2 took out a knife and stabbed the deceased on his chest. All the three assailants ran away from the scene of occurrence with weapons. P.W.1 and the deceased were immediately taken to the Government hospital, Tirupur, by the people who gathered there.