SUTHAKARAN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 respectively in S.C.No.185 of 2010 on the file of the learned First Additional District and Sessions Judge, Tiruppur. They stood charged for offences under Sections 120(B) r/w 302, 302 r/w 201 and 307 of IPC. By judgment dated 27.09.2012, the trial court convicted them under all the charges and sentenced them under Section 307 IPC to undergo RI for 10 years and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for six months; under Section 302 IPC, to undergo imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for six months and under Section 201 r/w 302 IPC to undergo rigorous imprisonment for three years and to pay a fine of Rs.500/- in default to undergo simple imprisonment for one month. No separate sentence was imposed for the offence under Section 120-B IPC. 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.) It is further alleged that on 19.06.2006 at about 5.00 p.m., the first accused came to the house of the deceased. At that time the deceased was not available. The first accused was talking to the wife of the deceased (P.W.12) for some time. Then her husband returned around 9.00 p.m. on the same day. The first accused and the deceased together went out in a motorcycle belonging to the deceased for the purpose of collection. Normally, the deceased would return after collection within a short while. But, on that day, he did not return.