MURUGESAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellant is A-1 in S. C. No. 313 of 2003 on the file of the learned Principal Sessions Judge, Salem. In all three accused were tried, but A-2 and A-3 were acquitted of all the charges. The appellant (A-1) was found guilty of the offence under Sections 302 and 341 IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 1,000/-, in default to undergo rigorous imprisonment for six months for the offence under Section 302 IPC and to undergo simple imprisonment for one month and also to pay a fine of Rs. 500/-, in default to undergo simple imprisonment for one week for the offence under Section 341 IPC. The appellant has preferred this appeal challenging the said conviction and sentence.

(2.) THE prosecution case as put forth before the Court below is as follows:-A-3 and the deceased are brothers. A-1 is the son of A-3 and A-2 is the brother-in-law of A-1. Due to property dispute, all the three accused committed the murder of the deceased on 20. 6. 2002 at 9. 00 a. m.

(3.) P. W. 1, who is none other than the wife of the deceased, gave the complaint, Ex. P-1 to P. W. 15, the Inspector of Police, Athur Police Station at about 12. 00 noon on 20. 6. 2002 and the same was registered in Cr. No. 1087 of 2002 for the offence under Section 302 IPC. The printed First Information Report is Ex. P-24. P. W. 15 made arrangements to send the express reports through the Head Constable, P. W. 13 to the Court as well as to the higher police officials. He along with the police party proceeded to the scene of occurrence at 12. 45 p. m. , and prepared an Observation Mahazar, Ex. P-16 and also drew a rough sketch, Ex. P-25 in the presence of witnesses. He caused photographs of the scene of occurrence. He conducted inquest on the body of the deceased between 1. 30 p. m. , and 4. 00 p. m. , in the presence of panchayatdars and witnesses and prepared the inquest report, Ex. P-26. He thereafter sent the body of the deceased through the Head Constable, P. W. 14 to Athur Government Hospital for conducting post-mortem.