SHANMUGAM Vs. STATE

JUDGEMENT

(1.) BOTH the appellants were tried in S. C. No. 259 of 2004 on the file of the Additional Sessions Judge, dharmapuri, for the offence under Sections 120 (B), 302 (2 counts), 302 r/w 109 (2 counts)and 201 I. P. C. by judgment dated 1. 08. 2005. A1 found guilty under Section 120 (B) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for three months, for the offence under Section 302 (2 counts) I. P. C. sentenced to undergo imprisonment for life on each count, and to pay a fine of Rs. 1,000, for each count in default to undergo rigorous imprisonment for three months on each count and for the offence under Section 201 I. P. C. to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for three months. A2 found guilty, convicted under Section 120 (B) I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000 in default to undergo rigorous imprisonment for three months, for the offence under Section 302 r/w 109 (2 counts) I. P. C. sentenced to undergo imprisonment for life on each count and to pay a fine of Rs. 1,000 for each count, in default to undergo rigorous imprisonment for three months on each count and for the offence under Section 201 I. P. C. , to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000, in default to undergo rigorous imprisonment for three months. Hence they are before this court by way of the present appeal.

(2.) THE accused were put on trial on the following prosecution case:

(3.) AN incised wound 5 cm. behind the injury No. 2 over the left parietal region about 7 x 2 x 2 cm. No other external injuries. All four limbs intact. External genitalia normal. He issued post-mortem certificates ex. Ps 4 and 5 respectively in respect of the injuries on the dead bodies. He also opined that both the deceased would appear to have died of shock and haemorrhage due to the injuries sustained about 20 to 26 hours prior to autopsy.