MURUGAN Vs. STATE

JUDGEMENT

(1.) THE appellant is the first accused among the three accused in SC.No.327 of 2002 on the file of the Additional Sessions Judge-cum-Fast Track Court, Dharmapuri. THE appellant was convicted under Sections 450, 302 and 201 IPC and was sentenced to undergo imprisonment for one year, life sentence and two years respectively and a fine of Rs.500/-, Rs.1000/- and Rs.500/- respectively, in default to undergo three months rigourous imprisonment. A.2 and A.3 were acquitted from all the charges. THE appellant, A.1, aggrieved over the conviction and sentence preferred this appeal before this Court.

(2.) THE case of the prosecution is that the appellant and the deceased-accused by name Krishnan and the deceased by name Madhesh are brothers. THEre was a marriage arrangement for the sister of the appellant. Apprehending that there may be expenditure for the purpose of performing the marriage, the deceased wanted either his marriage to be performed earlier, or an amount of Rs.20,000/- must be given to him. A quarrel ensued on account of that, in which the deceased beat his parents and they were crying. THE appellant and the deceased-accused Krishnan reached home and found the parents were crying. It is further alleged that the deceased was working and was living separately and was not acceding to the advice of the parents as well as the brothers. THErefore, the appellant and his family members wanted to teach him a lesson. Accordingly, on 3.6.1994 both the accused armed with Iron Rod and a Thonnai (an instrument used for cooking) reached the place where the deceased was living at 11.00 p.m., and repeatedly assaulted the deceased and the deceased succumbed to the injuries. THEreafter, it was informed to the parents and after coming to know about the death of the deceased, the dead body of the deceased was shifted to the burial ground, for which, A.2 and A.3 also accompanied the appellant by carrying the body for cremation and it was cremated during the same night. It is the further case of the prosecution that the appellant on 14.6.1994 i.e., 11 days after the occurrence appeared before P.W.1, the Village Administrative Officer of the Village and has confessed about the murder committed by him along with others. THE VAO took the appellant to P.W.12, Sub Inspector of Police and a case has been registered and taken on file.

(3.) THE appellant and other accused were questioned under Section 313 Cr.P.C., for which they denied the commission of the offence and claimed innocence. THE prosecution examined P.Ws 1 to 13, marked Exs.1 to 15 and produced material objects before the trial court to substantiate the offence. Neither oral, nor documentary evidence adduced on behalf of the accused. THE learned Trial Judge, on a perusal of the oral and documentary evidence and after hearing the counsel appeared on either side, convicted the appellant as aforementioned and acquitted A.2 and A.3. THE appellant aggrieved against the conviction and sentence, preferred this appeal.