GOVINDARAJ Vs. STATE BY DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The appellant is the first accused in SC.No.49/2009 on the file of the learned Principal Sessions Judge, Namakkal. The second accused was one Raja. The appellant/A1 stood charged for the offences under section 302 IPC and sec.3(2)(V) of the SC/ST Act, 1989. By the judgment dated 19.04.2011, the Trial Court convicted the appellant/A1 under both charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for one year for the offence u/s.302 IPC. No separate sentence was imposed for the offence u/s.3[2][V] of the SC/ST Act. A2 was acquitted from both the charges. Challenging the said conviction and sentence, the appellant/A1 is 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, they denied the same as false. Their defence was a total denial. On their side, they examined one Mr.Rajendran as D.W.1. According to him, he found the deceased at the place of occurrence, dead and there was a cut injury on his left side of the neck. At that time, according to him, there was nobody near the dead body and on his information only, the family members of the deceased came to the place of occurrence.