SATHIYAMOORTHY Vs. STATE

JUDGEMENT

(1.) This appeal is directed by the appellants - original accused against the Judgment and order dated 23rd February 2017 passed by the learned Principal Sessions Judge, Thanjavur in Sessions Case No. 122 of 2016. By the said Judgment and order, the learned Principal Sessions Judge convicted the appellants under Section 302 IPC for causing death of Immanuel. For the said offence, the learned Principal Sessions Judge sentenced both the appellants to undergo life imprisonment and to pay a fine of Rs.5,000/-, each, in default to undergo rigorous imprisonment for a further period of one year.

(2.) The case of the prosecution, briefly stated, is as under:- 2.1. The appellants are Van Drivers. Deceased - Immanuel was also a Van Driver. There was an enmity between the appellants and Immanuel in relation to hiring of van for lesser amount, hence, on the night of 04.09.2015, at about 10.30 p.m., both the appellants caused the death of Immanuel by assaulting him with wooden brush, which was used to clean the van. In the early morning of 05.09.2015, PW-7 - Periyasamy saw Immanuel lying near the van stand. He was under the impression that Immanuel was lying there under the influence of alcohol, hence, he informed PW-9 - Sankilimuthu to inform this fact at the house of Immanuel. PW-1 - Gnanaraj, who was the father of Immanuel, was informed that Immanuel was lying near the van stand, hence, he proceeded to the spot and found that his son was lying dead, hence, he lodged the complaint [EX-P1] and it was registered, which is at EX-P9. Thereafter, the investigation commenced. The dead body of Immanuel was sent for postmortem.

(3.) Charge came to be framed against both the appellants, under Section 302 of the Indian Penal Code. The appellants pleaded not guilty to the said charge and claimed to be tried. Their defence is of total denial and false implication. To support its case, the prosecution examined PW-1 to PW-25 and marked EX-P1 to EX-P20 and nine material objects. After going through the evidence adduced in this case, the learned Principal Sessions Judge, Thanjavur, convicted and sentenced the appellants, as stated in paragraph No.1, above, hence, this appeal.