SUNDARAM Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.92 of 2010 on the file of the learned Additional District and Sessions Judge (FTC), Virudhunagar. There were three other accused by name Karuppasamy, Senthilkumar and Muniyandi and they were arrayed as accused Nos.2 to 4 respectively in the case. The trial Court framed as many as two charges against the accused. The first charge was against the first accused/appellant under Section 302 IPC and the second charge was against the accused Nos.2 to 4 under Sections 302 r/w 34 IPC. The trial Court convicted the appellant/A1 under Section 302 IPC and the accused 2 to 4 under Section 302 r/w 34 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs.1,000/- each, in default to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the accused 2 to 4 filed an appeal in Crl.A.(MD).No.368 of 2010 and the Division Bench of this Court, wherein one of us was a Member (S.NAGAMUTHU, J), allowed the said appeal and acquitted the accused 2 to 4. The appellant/A1 has come up with this appeal challenging his conviction and sentence.

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

(3.) We have heard the learned counsel for the appellant and the learned Additional Public Prosecutor appearing for the respondent and we have also perused the records carefully.