SENTHIL KUMAR Vs. STATE

JUDGEMENT

(1.) R. BANUMATHI, J. These appeals arise out of the judgment in S.C. No. 126 of 2006 convicting accused No. 1 and 2 under Section 302 and 302 read with 34 IPC respectively and sentencing them to undergo life imprisonment for the proved Charge of murder and imposing fine of Rs. 50,000/- each and convicting the appellants under Section 201 IPC for causing disappearance of evidence of offence and sentencing each of them to undergo 3 years RI and imposing fine of Rs. 1,000/- each and also convicting the appellants under Section 392 IPC for the commission of robbery and sentencing each of them to undergo 7 years RI and imposing fine of Rs. 20,000/- on each of them. Learned Sessions Judge acquitted the accused No. 1 and of the Charge under Section 120(B) IPC.

(2.) CASE of prosecution in nutshell are as follows: P.W.3-Kalesha is the brother of the deceased-Ansari. Deceased was employed as driver of taxi Tata Indica bearing registration No. TN-27 V 2104 belonging to P.W.6-Ashraf Hussain. On 3.10.2005 at about 6.00 p.m., accused No. 1 and 2 approached P.W.5-Raja for engaging taxi. P.W.5 engaged taxi bearing registration No. TN-07 V 2104 (M.O.1) to the appellants/accused No. 1 and 2. On 3.10.2005 at about 7.15 p.m., while proceeding in his cycle to Irumbedu near Vengedu, P.W.8-Thameem Ansari saw Tata Indica car bearing registration No. TN-07 V 2104 and three persons found urinating near the car. P.W.8 saw accused No. 1 and 2 there. P.W.8 saw accused No. 1 (Senthilkumar) taking a cloth and covering head of the deceased and beating him with Jally stones. He also saw, accused No. 2 (Venkataramani @ Ramani) beating the deceased Ansari on the head with stone and deceased became unconscious. He was taken in the car (M.O.1) by the accused No. 1 and 2 and P.W.8-Thameem Ansari returned to his house.

(3.) P.W.1-Arumugam (VAO) attached to Sathanur was informed that a body was lying in the Well of P.W.4. P.W.1-VAO went to P.W.4's land and after ascertaining the same, P.W.1 went to Kilkodungalur Police Station and gave report (Exhibit P-1). On the basis of Exhibit P-1, case was registered in Cr. No. 273 of 2005 under Section 302 IPC (Exhibit P-9).