SOLAIMUTHU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 6.12.2004 in S.C.No.94 of 2004 on the file of the District and Sessions Judge, Perambalur, in and by which the appellants were convicted for the offences under Sections 302 and 341 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/ -, in default to undergo two months simple imprisonment and to pay a fine of Rs.500/ - in default to undergo one month S.I. respectively.

(2.) THE respondent police had come forward with its case against the accused/appellants alleging that due to prior enmity with regard to land dispute between the 1st accused and the family of one Manivelu and that the first accused executed a settlement deed including the house of the said Manivelu in favour of his wife and as the same was questioned by Manivelu on 28.10.2003 at 11.30 p.m., when the said Manivelu was returning from his house after locking it, the 1st and 2 accused wrongfully restrained him in front of the house of one Mariammal at South Street, Periyammapalayam and in continuation of the same on the same date, place and time, the 1st accused uttering @ stabbed him with a knife on his right neck, left shoulder, chest and ribs and the 2nd accused stabbed him with a knife on his back and caused his murder.

(3.) THE prosecution, realising its onerous burden, in order to discharge the same, had examined P.Ws.1 to 12, marked exhibits P.1 to P.22 and also material objects 1 to 7. On behalf of the accused, D.Ws.1 and 2 viz., wife and sister of the 1st accused were examined and no document was marked.