RAGILA Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals namely C.A.No,563/2007 by A-1 and C.A.No,599/2007 by A-2. These two appeals challenge a judgment of the Sessions Division, Udhagamandalam, made in S.C.No.10 of 2005 whereby the appellants herein stood charged under Sections 302 read with 34 and 201 of IPC, tried, found guilty as per the charges and awarded life imprisonment and 3 years Rigorous Imprisonment along with a fine of Rs.2000/- and default sentence respectively.

(2.) THE short facts necessary for the disposal of these appeals can be stated as follows:

(3.) THE learned Counsel would further submit that according to the prosecution, the occurrence has taken place on 20.10.2002, and A-1, A-2 along with the two children of the accused and the deceased were all available in the house, and the occurrence has taken place in the morning hours that in and around the place, number of houses were situated but, no one independent witness has brought forth true state of affairs that according to them, he was strangulated, and the dead body was found in a room, and kerosene was poured, and he was set fire, and it did not burn fully, and then, they put the firewood, and in a charred condition, the dead body was taken out, and it was actually put in a gunny bag and transported in a Maruthi car by A-1 to A-4, and they took it to Kallatty Check Post and left the dead body there and that now, at this juncture, it is pertinent to point out that the prosecution has miserably failed to bring home the nexus between any one of the accused and the crime in question.