SHANKAR Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused 1 and 2 and they have preferred two appeals, viz., Crl.A.Nos.887 and 888 of 2005 respectively, challenging their conviction and sentence passed in the Judgment dated 10.08.2005 by the learned Additional District Sessions Judge, Fast Track Court, Namakkal District made in SC.No.134/2003 convicting them for the offence under section 364 IPC and sentencing them to undergo 5 years rigorous imprisonment and also imposing a fine of Rs.1,000/- in default to undergo 2 months simple imprisonment and convicting them for the offence under section 302 read with 34 IPC and sentencing them to undergo life imprisonment and also imposing a fine of Rs.5,000/- in default to undergo 5 months simple imprisonment. THE learned Trial Judge ordered the sentences to run concurrently.

(2.) THE charge against the accused, A-1 and A-2 is that on 11.03.2000 at 3.00 p.m. near Kuchukalpudur in the Namakkal-Chenthamangalam Road, A-1 was driving the van bearing registration No.TN 51 X 5697 and hit against a goat owned by one Palanivel and without stopping the van, A-1 continued to drive the van and the deceased Balaji @ Asaithambi along with one Kumar chased the van in TVS 50 two wheeler and intercepted the van at Namakkal and demanded money from the accused for hitting against the goat, for that A-1 refused and the deceased Balaji @ Asaithambi also got into the van as the accused called him to come to the Police Station and without stopping the van at the Police Station, they proceeded further and at 4.15 p.m. at Namakkal-Trichy Road near Nala Hotel, A-1 and A-2 pushed down the deceased Balaji @ Asaithambi from the van with the intention to cause his death and thereby said to have committed the offence under Sections 364 IPC and under Section 302 r/w 34 IPC.

(3.) WHEN the accused were questioned under section 313 Cr.P.C., in respect of the incriminating circumstances appearing against them they have come forward with the version of total denial. They have not chosen to examine any witnesses on their side.