PARAMASIVAM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment in Sessions Case No. 78 of 1989 on the file of the learned Second Additional Sessions Judge, Tiruchirapalli, convicting the first appellant (A-1) for an offence under S. 304 Part I, IPC and sentencing him to undergo rigorous imprisonment for ten years and convicting the second appellant (A-2) for an offence under Section 201, IPC and sentencing him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/- in default to undergo rigorous imprisonment for one more month. Originally, A-1 was tried for an offence under Section 302, IPC, while A-2 was tried for an offence under Section 302 read with Sec. 34 IPC, but, after trial, they were convicted only for lesser offences as stated above.

(2.) The facts of the case are as follows :

(3.) P.W. 2, Mohideen Batcha, is also a resident of Pallapatti. He was running a tea shop. He also used to go to other Villages for selling umbrellas and mats. He knows the deceased. Previously, P.W. 2 had taken deceased Thirugnanam for treating patients at Karungalpatti Village. P.W. 2 knows about the stay of deceased Thirugnanam in the house of A-2. In fact, deceased Thirugnanam informed P.W. 22, in the presence of A-1, that he was going to the house of A-2.