C RAVIRAJ Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals viz. , Crl. A. No. 242/2009 filed by A1 and Crl. A. No. 570/2009 filed by A2. The first accused stood charged under section 302 r/w 34 IPC and the second accused stood charged under section 302 IPC. They were tried and found guilty of the charge by the Additional District and Sessions Division, (Fast Track Court) Thiruppathur, Vellore District in S. C. No. 209/2008 and awarded life imprisonment each.

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

(3.) ADVANCING the arguments on behalf of the appellants, the learned counsel, Mr. Abudukumar Rajarathinam would submit that in the instant case, the prosecution mainly relied on the evidence of P. Ws. 4 and 5, the occurrence witnesses. They were vendors of eatables in Jollarpet Railway station. Both of them would claim that they witnessed A1 and A2 who attacked the deceased on his head and the deceased also fell down. Naturally, one would expect both of them to bring to the notice of the Stationmaster or to the railway Police but they have not done so. The investigator would claim that at the time of interrogation, they gave statement that they witnessed the occurrence. The statement was recorded on 28. 1. 2008, that was, after one month and ten days after the arrest of the accused /a1 and A2 by the investigator. Thus, both these circumstances would clearly indicate that P. Ws. 4 and 5 could not have seen such an occurrence and their statement was subsequently introduced in order to suit the prosecution story and to strengthen the same. The trial Court has also accepted the extra judicial confessional alleged to have been given by A2 to P. W. 1 on 18. 12. 2007.