Judgment

Arijit Pasayat, J.—Appellant who faced trial along with one Selvam was convicted for the offence punishable under Section 302 read with Section 109 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to imprisonment for life. The first accused Selvam was convicted under Section 302 IPC. The trial Court convicted first accused for having committed murder of Natarajan (hereinafter referred to as the ‘deceased’) on the instigation of A-2 the present appellant.

2. The prosecution version as unfolded during trial is as follows:

On 12.10.1989, at about 5.00 p.m., when the first accused came to the house of the deceased and called the deceased. Gopi (PW-4) replied that the deceased had not returned from the day’s work. Therefore, the first accused went away. The deceased returned home at about 6.00 p.m. At about 7.30 p.m. after taking food, the deceased was talking with his third wife, Neela and PW-4. At about 8.00 p.m. the first accused came again and requested the deceased to come out and when the deceased came out of the house, the first accused told him that he was having brandy and invited him for drinking brandy. He also showed a brandy bottle. Therefore, the