G MURUGESAN Vs. STATE

JUDGEMENT

(1.) The appellant is A.1 in S.C.No.50 of 2008 on the file of the learned Principal District & Sessions Judge, Tiruvarur. A.2 was one Mr.Ilayaraja, the brother of the appellant/A.1. They stood charged for offence under Section 302 r/w 34 I.P.C. By judgment dated 20.04.2009, the trial Court convicted both the accused for offence under Section 302 r/w 34 I.P.C., and sentenced them to undergo imprisonment for life and to pay a fine of Rs.50,000/- each in default to undergo rigorous imprisonment for five years. Challenging the said conviction and sentence, the appellant/A.1 has come up with this Criminal Appeal.

(2.) A.2 - Mr.Ilayaraja has filed a separate Criminal Appeal in Crl.A.No.343 of 2009 and a Division Bench of this Court, by judgment dated 21.10.2009, dismissed the said appeal thereby confirming the conviction and sentence imposed on A.2. The same appears to have become final. The present Criminal Appeal has been filed by A.1/the appellant herein.

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