LAWS(MAD)-2018-2-280

BACKIYARAJ Vs. STATE

Decided On February 23, 2018
Backiyaraj Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant in this criminal appeal is ranked as per the rank before the trial Court.

(2.) The accused Backiyaraj/A-1 and Guru/A-2 were tried before the learned I Additional and Sessions Judge Court, Thiruppur, on the allegation that on 18.6.2009, at about 3.30 a.m., when the deceased Mariyappan blew air using the Air Gun on the first accused Backiyaraj, inspite of the first accused and the second accused Guru, asking the deceased to refrain from doing so, the deceased continued with the said act and enraged by the same, while the second accused caught hold of the head of the deceased, the first accused caught hold of the legs of the deceased and the first accused inserted the rod of the air gun into the anus of the deceased blew air into the deceased using the compressor and in the course of the same transaction, the first accused inserted the rod into the nose of the deceased and blew air using the air gun due to which the deceased died of suffocation. The accused were charged and tried for the offence under Section 302 r/w Section 34 IPC. However, on being found guilty, while A-1 was sentenced to undergo rigorous imprisonment for a period of 7 years u/s 304 (2) IPC, A-2 was sentenced to rigorous imprisonment for a period of 7 years u/s 304 (2) r/w Section 34 IPC. Aggrieved against the said judgment, the first accused has preferred the present appeal.

(3.) The facts necessary to dispose of the appeals are as follows :-