LAWS(MAD)-2016-9-6

KALUTHAIPANDI Vs. STATE

Decided On September 19, 2016
Kaluthaipandi Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.30 of 2012 on the file of the learned IIIrd Additional District Judge (PCR), Madurai. There were two other accused by name Chinnasamy and Ramar. The trial Court framed as many as five charges against them as detailed below: Charge Nos. Against Offence U/s. A1 3(1)(x) of SC/AT Act A1 302 r/w 3(2)(V) of SC/ST Act A2 and A3 302 r/w 34 IPC r/w 3(2)(V) of SC/ST Act A1 307 IPC r/w 3(2)(V) of SC/ST Act A2 and A3 307 r/w 34 IPC r/w 3(2)(V) of SC/ST Act.

(2.) By judgment dated 30.12.2013, the trial Court acquitted the accused 2 and 3 from both the charges, however, convicted the appellant/A1 alone for offence under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.5000/ -, in default to undergo rigorous imprisonment for two years for the said offence. The trial Court acquitted the appellant/A1 also from the other charges. Challenging the said conviction and sentence, the appellant/A1 is before this Court with this appeal.

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