MUTHUKUMAR Vs. THE STATE

JUDGEMENT

(1.) The appellants in these appeals are the accused 1 and 2 in Sessions Case No.384 of 2010, on the file of the Additional District and Sessions Judge, Fast Track Court-I, Salem. They stood charged for the offence under Section 302 r/w. Section 34 of the Indian Penal Code and Section 404 r/w.Section 302 of the Indian Penal Code. By judgment dated 25.8.2011, the trial Court convicted both the accused under Section 302 r/w. Section 34 of the Indian Penal Code and Section 404 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1000/- each, in default, to undergo Rigorous Imprisonment for one year for the offence under Section 302 r/w.Section 34 of the Indian Penal Code and to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.100/- each, in default, to undergo Rigorous Imprisonment for three months for the offence under Section 404 of the Indian Penal Code. Challenging the said conviction and sentences, the appellants are before this Court with this appeal.

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

(3.) Despite the above enmity, the accused were in talking terms with the deceased. On 26.1.2010, the deceased obtained Rs.25,000/- from P.W.3 - his father and took the TATA Indica car, belonging to his father, bearing Registration No.TN-02-W-9293, worth Rs.4 lakhs. He told P.W.3 that he was proceeding to Chennai. After 26.1.2010, the deceased did not return at all with the car. The deceased also had a Cell Phone with him. On 28.1.2010, a dead body of a male was found near the graveyard at Kattuveppilaipatty Village on Salem to Attur National Highways. The dead body was that of a male, approximately aged 30 years. There were extensive injuries on various parts of the body. There was a pant and shirt on the body, which were all blood stained. This was noticed by the Village Assistant of Kattuveppilaipatty Village and he in turn informed the same to the Village Administrative Officer (P.W.1) of Kattuveppillaipatty Village. P.W.1 immediately rushed to the spot, verified the facts and then proceeded to the Police Station and made a complaint in this regard under Ex.P1.