KRISHNAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Accused 1 and 2 appeal.

(2.) Accused 1 was found guilty of the offence under Section 302, I.P.C., convicted there under and sentenced to imprisonment for life. Accused 2 was found guilty of the offence under Section 324, I P.C., convicted there under and sentenced to rigorous imprisonment for three months. Accused 2 who was charged under Section 302 read with Section 109, I.P.C. and accused 3, who was charged under Section 302 read with Section 34, I.P.C., were found not guilty and acquitted of the same. Accused 1 to 3 were also found not guilty in respect of the charge under Section 341 I.P.C. and acquitted. Accused 1 was found not guilty of the charge under Section 326, I.P.C. and was acquitted of the same. No appeal by the State against the acquittal of the accused in respect of the aforesaid charges had been preferred. The conviction and sentence of accused 1 and 2 are challenged in this appeal.

(3.) The pith and substance of the case of the prosecution as culled out from the materials placed on record are as follows: