PICHANDI Vs. STATE

JUDGEMENT

(1.) THIS appeal is filed against the judgment of the Additional Sessions Court, Villupuram in Sessions Case No.269 of 2001 by the appellants, who were arrayed as accused 1 and 2 in the said sessions case. They were tried for the charge under section 302 of the Indian Penal Code along with one Rani, who was arrayed as the third accused in the said case for having attacked their brother Sekar, the deceased, at 09.00 pm on 05.05.2001 in front of the house of the deceased as a result of which he died on 11.05.2001 in the hospital. The said Rani (A3) was also charged under section 323 of the Indian Penal Code for attacking P.W.2 Shankar. On completion of the trial, accused 1 and 2 were convicted for the charge under section 302 of the Indian Penal Code and were directed to undergo life imprisonment along with a fine of Rs.250/- each carrying a default sentence of one month's simple imprisonment. The third accused Rani was acquitted of both the charges. Hence, this appeal is filed by accused 1 and 2. For the sake of convenience, the appellants and the acquitted third accused will hereinafter be referred to in the rank as they were arrayed before the Sessions Court.

(2.) TO bring home the charges the prosecution examined sixteen witnesses and marked 21 exhibits and two material objects. Neither oral nor documentary evidence was let in on the side of the defence.

(3.) P.W.15 continued his investigation. On 14.5.2001, he arrested the third accused at 4.00 P.M and sent her to judicial remand. On 17.5.2001, he arrested accused 1 and 2 at 1.00 pm and recorded their confessional statements. Pursuant to the admissible portions of the confessional statements given by accused 1 and 2 - Exs.P.20 and P.21, the koduval (M.O.1) and stick (M.O.2), which were hidden in the bush near a lake in Nolumbai village, were recovered under Mahazar Ex.P.21. He examined the witnesses and recorded their statements. He forwarded the material objects and the viscera of Sekar for chemical examination on 17.5.2001. P.W.16, who succeeded P.W.15, took up the further investigation in this case. On receipt of the chemical analysis report and the viscera report, Exs.P.13 and P.14, showed them to the Doctor and got the final opinion. On 23.7.2001, he examined the Doctors, who treated the deceased and recorded their statements. On completing the investigation, he filed the final report on 9.8.2001 against the accused for the offences stated above.