GOVINDHAN Vs. STATE

JUDGEMENT

(1.) THE appellant in Criminal Appeal No.630 of 2005 is A-2 and the appellant in Criminal Appeal No.80 of 2006 is A-1 in S.C.No.246 of 2004 on the file of the I Additional Sessions Judge, Dharmapuri at Krishnagiri. Both the appellants were put on trial for the offence under Sections 364, 302 and 302 read with 201 IPC. However, the appellants were acquitted of the offence under Section 364 IPC, but were convicted for the offence under Sections 302 and 302 read with 201 IPC and each was sentenced to undergo life imprisonment and also to pay a fine of Rs.5,000/- in default to undergo one year rigorous imprisonment for the offence under Section 302 IPC and to undergo three years rigorous imprisonment and also to pay a fine of Rs.1,000/- in default to undergo three months rigorous imprisonment for the offence under Section 302 read with 201 IPC and the sentences are to run concurrently. Hence these appeals.

(2.) THE prosecution put both the appellants-accused on trial on the following facts:-

(3.) P.W.9, Assistant Surgeon attached to the said hospital, commenced post-mortem at 4.30 p.m., on 1.3.2004 on the body of the deceased and he noted the following external injuries:-