RAMADOSS Vs. STATE

JUDGEMENT

(1.) Four accused were tried by the Court of Principal Sessions Judge. South Arcot at Cuddalore in S.C. No. 55 of 1991 and convicted them as follows by his judgment dated 17-08- 1993. A-1 was convicted for an offence under Section 302. A-2 and A-3 for an offence under Section 302 read with 34 and A-4 for an offence under Section 302 read With 109 and each one of them were sentenced to undergo rigorous imprisonment for life. In addition to the above said convictions all the four accused were convicted for an offence under Section 201 I.P.C. and sentenced to undergo imprisonment for five years. The sentences awarded were directed to run concurrently.

(2.) A-1, A-2 andA-3 aggrieved by the said judgment filed an appeal separately in C.A. No. 734 of 199 (sic) C.A No. 30 of 1994 *** and hence a common judgment is being delivered. We may also state that for convenience sake we address the appellants in the order in which they were figured as accused in the court below.

(3.) The gist of the charge leveled against the accused is that on 18-9-1998 at about 11.00 p.m. at Kanangadu committed the murder of Palanisamy by A-1 beating the deceased Palanisamy on his head and chest with a stick and thereby is said to have caused an offence punishable under Section 302 I.P.C. that A-2 and A-3 caught hold of the accused by their legs thus enabling the first accused to attack him with the stick and thereby committed an offence punishable under Section 302 read with 34 I.P.C. while A-4 caught hold of the hands of the deceased while A-1 beat him with the stick and committed an offence punishable under Section 302 read with 109 I.P.C. In addition to the above said charge all the four accused were further charged for an offence under Section 201 I.P.C. for having packed and removed the dead body in a gunny bag and burned the same with an intention of screening the offence.