PERUMAL ASARI Vs. STATE

JUDGEMENT

(1.) These appeals arise from the judgment of the learned Principal Sessions Judge, Madurai, in S.C. No. 164 of 1993, convicting the appellants in C.A. No. 145 of 1994, for the offence under Section 302 read with 34, I.P.C., to undergo life imprisonment, while the appellants in other two appeals have been I convicted for the offence under Section 201, I.P.C. to undergo rigorous imprisonment for three years. The first appellant in C.A. No. 145 of 1994, also has been convicted under Section 201, I.P.C., to undergo R.I. for three years, and the sentence is directed to run concurrently. The alleged occurrence took place in Thiru-Nagar of Madurai, in Kumaran Street, within the jurisdiction of Thiru-Nagar Police, on 29-12-1990.

(2.) The case of the prosecution can be stated briefly as follows :-

(3.) After the committal of the case by the Judicial Magistrate to the Court of Sessions, the learned Principal Sessions Judge, Madurai, framed charges against A-2 and A-3 for the offence under Section 302 read with 34, I.P.C., and against the accused 1, 2, 4 and 5 for the offence under Section 201, I.P.C. These accused/appellants pleaded not guilty and wanted trial of the case.