VELRAJ Vs. STATE

JUDGEMENT

(1.) THESE criminal appeals have been preferred under Sections 374 and 374 (2) Cr.P.C against the common judgment dated 28.08.2007 made in S.C.No.1 of 2007 by the Additional District & Sessions Judge, Virudhunagar. whereby these appellants, who were shown as A.1 and A.2 respectively along with A.3 stood charged, and on trial A.3 was acquitted of all the charges, whereas A.1 and A.2 were found guilty under Sections 364, 120B and 302 IPC, convicted and sentenced to suffer Rigorous Imprisonment for 2 years each and also to pay a fine of Rs.500/- each in default of which to suffer Rigorous Imprisonment for three months each for the offence under Section 364 IPC and also imposed Rigorous Imprisonment for two years each and also directed to pay a fine of Rs.500/- each in default of which to suffer Rigorous Imprisonment for three months each for the offence under Section 120B IPC and also sentenced to suffer imprisonment for life each and also to pay a fine of Rs.1000/- each in default of which to suffer Rigorous Imprisonment for 6 months each for the offence under Section 302 IPC. All the substantiative sentences are to run concurrently. Hence, these appeals have been brought forth by A.1 and A.2.

(2.) TERSELY depicted the prosecution case is as follows :- P.W.1 is the father of the deceased, Sundarrajan. P.W.2 is the wife of the second accused. The third accused is her brother. The first accused is a close friend of the second accused. Between the families of P.W.1 and the second accused, cordial relationship was prevailing and hence, the members of each of the families used to visit the other's house. The second accused represented before P.W.1 that Sundarrajan used to come to his house frequently and meet his wife, misbehaving with her.

(3.) THEREAFTER, the investigation was pursued by P.W.15, the Inspector of Police. On 13.03.2006, at about 2.00 p.m., P.W.6, one Govindaraj, the Village Administrative Officer, appeared before P.W.15, and produced the second accused stating that on the same date at about 1.00 p.m, the second accused approached him and gave a confessional statement and it was reduced into writing by him. The said confessional statement is Ex.P.3. P.W.6 has given the same to P.W.15 along with Ex.P.25, the special report.