MURUGESAN Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.74 of 2012 on the file of the learned District and Sessions Judge, Nagapattinam. There were two other accused, by name, Vaithialingam and Thiyagarajan, who were arrayed as Accused 2 and 3. During the pendency of the trial, the third accused died and thus, charges against him stood abated. The Trial Court framed as many as three charges. The first charge was against the first accused under Sec. 302 IPC; the second charge was against the second accused under Sec. 302 r/w 34 Penal Code and the third charge was under Sec. 324 Penal Code against the second accused. By judgment dated 13.04.2015, the Trial Court convicted the first accused under Sec. 302 Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 10,000.00, in default to undergo rigorous imprisonment for two years. Similarly, the Trial Court convicted the second accused under Sec. 324 Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 5,000.00 in default to undergo rigorous imprisonment for six months. The Trial Court acquitted them from the other charges. Challenging the said conviction and sentence, the first accused alone has come up with this appeal.

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

(3.) On getting intimation from the hospital, P.W.6, the then Special Sub-Inspector of Police, went to the Government Hospital, Tiruvarur and recorded the statement of P.W.1 and on returning to the Police Station registered a case in Crime No 602 of 2011 under Sections 324 and 307 Penal Code against all the three accused. Ex.P6 is the FIR. He forwarded both the documents viz., Complaint [Ex.P1] and FIR [Ex.P6] to the Court, which were received by the learned Magistrate at 10.30 a.m., on 28.09.2011.