LAWS(MAD)-2018-1-763

ARUMUGAM Vs. STATE REP BY INSPECTOR OF POLICE

Decided On January 18, 2018
ARUMUGAM Appellant
V/S
STATE REP BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellants / A1 & A2 against the conviction and sentence, dated 12.08.2016, made in S.C.No.88 of 2013 by the learned IV-Additional District and Sessions Judge, Madurai. There are totally four accused in this case and A1 was charged for the offences punishable under Sections 364, 302 and 201 IPC. A2 and A3 were charged for the offences punishable under Sections 302 r/w 34 IPC and A4 was charged for the offences punishable under Section 302 r/w 109 IPC. After trial, A3 and A4 were acquitted from their respective charges. A1 was also acquitted from the charge under Section 364 IPC. But, the trial Court has found A1 and A2 guilty under Section 302 IPC and 302 r/w 34 IPC respectively and sentenced them to undergo imprisonment for life and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for three months. The trial Court has further found A1 guilty under Section 201 IPC and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-, in default to undergo simple imprisonment for three months.

(2.) The case of the prosecution is consciously narrated below:

(3.) Based on the above materials, the trial Court had framed as many as four charges against the accused. When the accused were questioned in respect of the charges, they pleaded innocence. In order to prove the charges, on the side of the the prosecution as many as 21 witnesses were examined as PWs.1 to PW21 and Exs.P1 to P22 were exhibited, besides eleven Material Objects (MOs.1 to 11).