SAHAYARAJ Vs. STATE

JUDGEMENT

(1.) (Prayer: APPEALS under Section 374(2) of the Code of Criminal Procedure against the judgment dated 31.10.2007 made in S.C.No.143/2007 on the file of the Addl. Sessions Judge, Fast Track Court No.I, Coimbatore.) Common Judgment These appeals arise out of the Judgment in S.C.No.143/2007 dated 31.10.2007 convicting the appellants/accused No.1 to 3 U/s.302 IPC and sentencing each of them to undergo life imprisonment and imposing fine of Rs.1000/- each. Appellants/accused No.1 to 3 were acquitted of the charges U/s.120(B) and 201 IPC.

(2.) CASE of the prosecution in nutshell are as follows:- Deceased Kesavan and the appellants/accused No.1 to 3 were associates. Deceased was addicted to drinks and frequently asking for money. On 01.1.2007, deceased asked for money from the second accused and threatened them. Since, deceased was frequently asking for money, second accused retorted saying that they would finish him.

(3.) PW18-Inspector of Police had taken up investigation. He has inspected the scene of occurrence in the presence of PWa11-Kumar and another witness and prepared Ex.P2-Observation Mahazar and Ex.P16-Rough Plan. Photographs were also taken. In the presence of panchayatdars, witnesses were examined and Inquest was held on the body of the deceased Kesavan. Ex.P17 is the Inquest Report. After Inquest, body was sent for autopsy. MO2-bloodstained tar and MO3-sample tar were seized under Ex.P3-Mahazar.