MASTHAN Vs. STATE

JUDGEMENT

(1.) The appellant is the 2nd Accused in S.C. No. 297 of 2009 on the file of the learned Additional Sessions Judge, Fast Track Court No. 1, Tindivanam, Villupuram District. Including the appellant there were five accused in the said case. The trial court framed as many as five charges. The first charge was under Section 302 of IPC against A1 and A2; the second charge was under Section 364 of IPC against A1 to A5; the third charge was under Section 302 r/w 34 of IPC against A3, A4 and A5; the fourth charge was under Section 201 r/w 302 of IPC against A1 to A5; and the fifth charge was under Section 120-B of IPC against A1 to A5. The trial court, by judgment dated 28.03.2011, acquitted A3, A4 and A5 from all the charges, but, convicted A1 and A2 alone. The trial court convicted the appellant/A2 and A1 for offences under Sections 302, 34 r/w 302, 120-B r/w 302, 201 r/w 302 of IPC and sentenced them to undergo imprisonment for life for offence under Section 302 of IPC; and to undergo imprisonment for seven years for offence under Section 201 of IPC. No sentence of fine was imposed for offences under Sections 302 and 201 of IPC. Challenging the above said conviction and sentences, A2 is, now, before this court with the present criminal appeal.

(2.) We are informed that the appeal in Crl.A. No. 556 of 2011, filed by A1 challenging the conviction and sentence imposed on him by the trial court, was allowed by this court by judgment dated 21.06.2013.

(3.) The case of the prosecution in brief is as follows:- Two persons by name Sri. Jebrudin [hereinafter referred to as "D1"] and Sri. Mujibur Rahman [hereinafter referred to as "D2"] were allegedly murdered by A1 and A2 on 03.09.2008 at 01.30 p.m. It is the case of the prosecution that the wife of A1 was often eve teased by the deceased. Enraged over the same, it is alleged that on 02.09.2008, at about 07.00 p.m. in a TASMAC shop near Rajangkulam in Tindivanam, all the five accused conspired to kill both the deceased. In pursuance of the said conspiracy, it is alleged that A1 engaged D1 to transport a refrigerator from the house of the mother in law of A1 at Kottakkuppam Village to Tindivanam to the house of A1 in a load auto belonging to D1. D2 accompanied D1 in the auto. A1 followed the load auto in his motor cycle. At 10.30 p.m., P.W. 1, the brother-in-law of D1 called D1 over phone and inquired as to where he was. D1 told him that he had come with load auto to Tindivanam and after unloading the refrigerator at Tindivanam, he would return to his village. But, till 01.00 a.m., both the deceased did not return. Thereafter, on the next day, by 11.00 a.m., the load auto belonging to D1 was found parked near Balaji Petrol Station at Tindivanam. P.W. 3 came to know about the same and he informed P.W. 1. Immediately, P.Ws. 1 & 3 went to the said place and found the auto abandoned by the side of the road. Both D1 and D2 were not seen either in the auto or anywhere near the auto. P.W. 1, thereafter, went to the police station and informed about the same. But, no case was registered on the said complaint. P.Ws. 1 and 3, thereafter, went in search of D1 and D2, but, they could not find them anywhere.