MANIKANDAN; MANI SAMY; SUDALAI Vs. STATE

JUDGEMENT

(1.) The appellants who stand convicted under Section 302 read with 34 IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 2,000/- each and in default to undergo six months rigorous imprisonment by the learned Additional District and Sessions Court (Fast Track Court-II) Thoothukudi, in SC.No.96 of 2004, have preferred this appeal against the said conviction and sentence.

(2.) The case of the prosecution is that on 02.08.2000, at about 11.00 p.m., due to previous enmity between A-4 and the deceased, the accused persons including A-4, six in number, criminally conspired to kill the deceased and on 04.08.2000, at about 11.00 p.m., with a common intention to cause the death of the deceased, the accused persons armed with deadly weapons, waylaid the deceased while he was returning to home in TVS-50. A-1 stopped the vehicle of the deceased with a stick and uttered the words that the deceased had come and he should be finished off. Saying so, A-1 attacked the deceased with an aruval on his neck, A-2 attacked with an aruval on the back side of the head and A-3 attacked the deceased with an aruval on the stomach, right side shoulder, left thigh and back side of the right shoulder. A-1 beat the deceased on his head with a stick and caused the instantaneous death of the deceased.

(3.) In order to prove its case, the prosecution examined 22 witnesses, marked 33 exhibits and produced 10 material objects.