PHILP ALIAS JOHN WILLIAM Vs. STATE

JUDGEMENT

(1.) APPEAL under Section 374(2) of the Code of Criminal Procedure against the judgment dated 12.7.2002 made in S.C.No.11/2002 on the file of III Additional Sessions Judge, Dharmapuri District at Krishnagiri.)R. Banumathi, J. This appeal arises out of the Judgment in S.C.No.11/2002 convicting the first appellant/first accused U/s.302 IPC and second appellant/second accused U/s.302 r/w.109 IPC and sentencing them to undergo life imprisonment and to pay fine of Rs.1000/- each.

(2.) BRIEFLY stated case of prosecution is that A1 and A2 are close associates and doing business of preparing wash and selling to sellers of illicit arrack. Deceased Yesubalan is distiller of illicit arrack and owed a sum of Rs.500/- to A1 and A2 towards purchase of wash. On the morning of 9.5.2001, A1 and A2 demanded money from the deceased. Deceased Yesubalan told them that he has stopped distillation of illicit arrack and requested time for paying the amount which resulted in wordy quarrel. PW1-Prakasam and PW2-John( wife and brother of the deceased) asked deceased to give back money to the accused. On 09.5.2001, deceased took meal at about 8.00 P.M. and left for shop and did not return back. Later deceased was found dead with bleeding injuries in the field of Chinnalagan.

(3.) PW13-Suresh Kumar, Inspector of Police had taken up the investigation and on inspection of scene of occurrence, PW13 prepared Ex.P2-Observation Mahazar and Ex.P14-Rough plan. Bloodstained mud [MO1], sample mud [MO2] were seized under Ex.P3-Seizure Mahazar. In the presence of panchayatdars, Inquest was held on the body of Yesubalan and Ex.P15 is the Inquest Report. After Inquest, body was sent for autopsy.