RAJALINGAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) The appellants are arrayed as accused No.1 and 2 respectively in SC No.45 of 2010 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Salem, in the trial court along with the appellants three more accused are jointly faces the trial for the offences under Sections 148, 302, 326 r/w 149, 307 r/w 149, 323 r/w 149, 324 r/w 149. By judgment dated 22.12.2010, the Trial Court convicted the appellants under Section 304(1) IPC and sentenced them to undergo 10 years rigorous imprisonment and to pay a fine of Rs. 500/- each in default to undergo three months rigorous imprisonment further the 2nd accused was convicted under Section 324 IPC and sentenced to undergo three years rigorous imprisonment. The Trial Court further ordered that the sentence imposed upon the 2nd accused under Section 304(1) and 324 IPC are ordered to run concurrently. Challenging the said conviction and sentence the appellant is before this court with this Criminal appeal.

(2.) The Case of the prosecution in brief is as follows:-

(3.) P.W.20 the Inspector of Police Meensuruti Police Station on 21.10.2007 at about 11.45 p.m. On receipt of the complaint given by P.W.1 registered the case in Cr.No. 220 of 2007 under Sections 147, 148, 324 and 302 IPC. After the registration of case, he made arrangements for sending the First Information Report to the Magistrate Court, Jayamkondam, for which he deputed P.W.15 the Head Constable attached with the same Police Station. Due to the non availability of frequent bus service, the First Information Report was handed over to the Magistrate Court on the next day at about 06.30 a.m. Ex.P12 is the printed First Information Report.