SIVAKUMAR Vs. THE STATE

JUDGEMENT

(1.) The appellants are arrayed as A1 and A2 in SC. No. 95/2012 on the file of the learned II Additional District and Sessions Judge, Tindivanam. A1 stood charged for the offence under section 302 Penal Code and A2 stood charged for the offence under section 302 read with 34 IPC. By judgment dated 21.02.2013, the Trial Court convicted A1 for the offence under section 302 Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000.00, in default, to undergo one month rigorous imprisonment and convicted A2 for the offence under section 302 read with 34 Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 2000.00 and in default, to undergo one month rigorous imprisonment. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

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

(3.) When the above incriminating materials were put to the accused under section 313 Crimial P.C. they denied the same as false. Their defence was a total denial. However, on their side D.W.1 [Ganesan] was examined, who has stated that at 18.00 hrs., on 25.12.2009, he was in the company of A1 in a Hotel in Puducherry from where, by about 22.00 hrs., police took him to their custody. On the side of the accused, the Case History dated 05.01.2010, issued by Auroville Police Station and the Case History dated 24.02.2010, issued by the very same Police Station, were marked as Exs.D1 and D2 respectively.