VELMURUGAN Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out of the verdict of conviction in SC No. 1of 2007 on the file of Additional Sessions Judge, Tiruchirappelli convicting the appellants/accused Nos.1 and 2 under Section 302 r/w 34 IPC and sentencing them to undergo life imprisonment and convicting accused No. 2 under Section 392 r/w 397 IPC and sentencing to undergo RI for 10 years and also imposing fine.

(2.) Briefly stated case of prosecution is as follows: Accued No.1 Velmurugan had illegal intimacy with deceased Annakamatchi. On 8.4.059.30 a.m. deceased Annakamatchi took tea in the shop of Rajagopal (brother of PW3 Venkatasamy). PW3 Venkatasamy saw accused No. 1 and 2 came with her.

(3.) PW1 Jeshu is having agricultural lands, at Sangama Reddiyapatti. On 8.4.06 at 10.00 -10.30 a.m. when PW1 Jeshu was in the field. Accused No. 1-Velmurugan and accused No. 2-Vijayakumar came there in search of bullock which was found missing. Deceased Annakamatchi was with them. About half an hour later, PW1 heard crying sound from Joseph's field near the well. PW1 had taken his younger brother PW3 Micheal and went to the scene of occurrence. He had seen accused No.1 shutting the mouth of deceased and accused No.2 attacking the deceased on the head with wooden door frame. On seeing PWs 1 and 2, accused No. 1 and 2 ran away from the scene of occurrence. Injured Annakamatchi was not in position to speak. PW1 had taken the injured Annakamatchi to Government hospital, Manapparai.