RAJKUMAR @ KUMAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) This appeal arises against judgment of learned IV Additional Sessions Judge, Chennai, passed in S.C.No.75 of 2013 on 12.01.2018, convicting appellants/accused for offence under section 302 r/w 34 IPC and sentencing each of them to life imprisonment and fine of Rs. 10,000/- i/d 2 months S.I.

(2.) Prosecution case is that A1, A3 and the deceased Murthy were engaged in coal loading by Lorry at the Harbour and A2 was running a shop in the Harbour. As the accused suffered loss in business, there was previous enmity between the deceased and accused. Accused, with intent to commit the murder of deceased, took him to the lodge where A3 was staying by an auto on 19.08.2011 at about 03.00 a.m and all of them consumed liquor. At about 04.30 a.m, there was an argument between accused and deceased owing to which the deceased assaulted A1. Angered thereby, accused indiscriminately assaulted the deceased resulting in his death. The accusation against accused 2 and 3 is that they caught hold of deceased and A1, using a blade, cut his neck.

(3.) A case was registered in Crime No.1004 of 2011 on the file of respondent for offence under section 302 IPC. Upon completion of investigation, a charge sheet was filed informing commission offences under section 302 r/w 34 IPC before learned XIII Metropolitan Magistrate, Egmore, Chennai. On committal, the case was tried in S.C.No.75 of 2013 on the file of learned learned IV Additional Sessions Judge, Chennai. Before trial Court, prosecution examined 20 witnesses and marked 42 exhibits and 14 material objects. None were examined on behalf of defence nor were any exhibits marked.