PALANISAMY Vs. STATE

JUDGEMENT

(1.) The appellants are A.1 and A.2 respectively in S.C.No.126 of 2012, on the file of the learned I Additional Sessions Judge, Tiruppur. They stood charged for offences under Sections 302, 201 and 404 I.P.C. By judgment dated 18.03.2013, the trial Court convicted both the accused under all the 3 charges and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 2,000.00 each in default to undergo simple imprisonment for six months for offence under Sec. 302 Penal Code and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1000.00 in default to undergo simple imprisonment for 3 months for offence under Sec. 201 Penal Code and to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500.00 in default to undergo simple imprisonment for one month for the offence under Sec. 404 IPC. Challenging the said conviction and sentence, the appellants are before this Court with this Criminal Appeal.

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

(3.) P.W.1 is the brother of the deceased. On 10.08.2011, at about 6.15 a.m, he heard that a dead body was found in the well. He went to the place of occurrence along with one Mr.Easwaran/P.W.2, and on identifying the fact that the dead body was that of the deceased he proceeded to Mangalam Police Station and made a complaint under Ex.P.1. P.W.13, the then Sub-Inspector of Police, on receipt of the said complaint, registered a case in Cr.No.1832/2011 for offence under Sec. 302 I.P.C. In the complaint, P.W.1 had mentioned that these two accused were the suspects. Therefore, their names were mentioned in the F.I.R., also. P.W.13 forwarded Ex.P.1 Complaint and Ex.P.12 F.I.R., to the Court, which were received by the learned Jurisdictional Magistrate at 09.30 a.m. on 10.08.2011.