GOPI @ GOPINATH Vs. STATE

JUDGEMENT

(1.) The appellants are A.2 & A.3 in S.C.No.43 of 2013 on the file of the learned III Additional District & Sessions Judge, Villupuram @ Kallakurichi. A.1 was one Mr. Manoharan. The trial Court had framed a lone charge against A.1 for offence under Sec. 302 r/w 109 I.P.C and framed charges against A.2 & A.3 for offences under Sections 302 r/w 34, 506(ii) & 201 I.P.C. By judgment dated 23.07.2015, the trial Court acquitted A.1 from the charge under Sec. 302 r/w 109 I.P.C., however, convicted A.2 & A.3 under all the three charges and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 2,000.00 each in default to undergo one year rigorous imprisonment for offence under Sec. 302 r/w 34 I.P.C., and to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500.00 each in default to undergo simple imprisonment for three months for the offence under Sec. 506(ii) I.P.C., and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000.00 each in default to undergo rigorous imprisonment for six months for the offence under Sec. 201 I.P.C. The trial Court ordered the above sentences to run concurrently. Challenging the said conviction and sentence, the appellants/A.2 & A.3 are before this Court with this Criminal Appeal.

(2.) The case of the prosecution, in brief, is as follows:- The deceased in this case was one Mr. Kothandaraman. There was a long standing enmity between A.1 and the deceased, in connection with the panchayat election held in the year 2011. In connection with the rights claimed by the villagers, in the celebration of the village festival also, there was enmity between A.1 and the deceased. In a meeting of the villagers held during the year 2011, to resolve the dispute in respect of the village festival, there arose a quarrel between A.1 and the deceased. A.2 is the son and A.3 is a close associate of A.1. In the meeting itself, it is alleged that, all the three accused challenged that they would not spare the deceased alive. This is stated to be the motive for the occurrence.

(3.) On 29.01.2012, at about 6.00 pm, the deceased had gone to his farm where he had raised watermelon. He had to return by 8.00 pm. But till 9.00 pm, he did not return. P.W.1 who is the son of the deceased got perplexed. He went to P.W.2, a retired Village Administrative Officer who also belonged to the group of the deceased in V.Nayampadi village. As a matter of fact, P.W.2 was very close to the deceased. Then, P.Ws.1 and 2 went in search of the deceased. After 9.00 pm when they were proceeding to R. Nayambadi Village near Olaganda Amman temple, they found blood stains on the road. They walked along the blood stains which led them to a nearby bush. In the bush, they found the dead body of the deceased and the same was tied with a big stone. The body was rolled into a brown colour bed sheet. There were cut injuries on the neck. The white shirt and lungi on the body of the deceased and the inner garment of the deceased were stained with blood.