S.NAGAMUTHU,J. - (1.) The appellants are A.1 and A.2 respectively in S.C.No.126 of 2012, on the file of the learned I Additional Sessions Judge, Tiruppur. They stood charged for offences under Sections 302, 201 and 404 I.P.C. By judgment dated 18.03.2013, the trial Court convicted both the accused under all the 3 charges and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each in default to undergo simple imprisonment for six months for offence under Section 302 IPC and to undergo rigorous imprisonment for 3 years and to pay a fine of Rs. 1000/- in default to undergo simple imprisonment for 3 months for offence under Section 201 IPC and to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500/- in default to undergo simple imprisonment for one month for the offence under Section 404 IPC. Challenging the said conviction and sentence, the appellants are before this Court with this Criminal Appeal.
(2.) The case of the prosecution in brief is as follows:- The deceased in this case was one Mr. Ravichandran. He was a resident of Vellanchettipalayam village, Soolur Taluk. It is alleged that the accused, who were friends invited the deceased to have liquor together. It is further alleged that on 08.08.2011, the deceased left lastly in his motorcycle after having purchased some eatables for the purpose of drinking. A.1 and A.2 took him near a well at Vellanchettipalayam Samy sizing mill. A.1 threw chilly power on the face of the deceased and put a nylon rope around the neck of the deceased. A.2 removed the lungi of the deceased and tied his hands. Then, both the accused strangulated the deceased by means of ligature and caused the death. Then, they took the dead body to the nearby well and threw the same into the water. It is further alleged that both the accused had stolen away the motorcycle belonging to the deceased bearing Registration No.39 AS 9733. The occurrence was not witnessed by anyone.
(3.) P.W.1 is the brother of the deceased. On 10.08.2011, at about 6.15 a.m, he heard that a dead body was found in the well. He went to the place of occurrence along with one Mr.Easwaran/P.W.2, and on identifying the fact that the dead body was that of the deceased he proceeded to Mangalam Police Station and made a complaint under Ex.P.1. P.W.13, the then Sub-Inspector of Police, on receipt of the said complaint, registered a case in Cr.No.1832/2011 for offence under Section 302 I.P.C. In the complaint, P.W.1 had mentioned that these two accused were the suspects. Therefore, their names were mentioned in the F.I.R., also. P.W.13 forwarded Ex.P.1 Complaint and Ex.P.12 F.I.R., to the Court, which were received by the learned Jurisdictional Magistrate at 09.30 a.m. on 10.08.2011.;