The prosecution must prove guilt beyond reasonable doubt, and contradictions in witness testimonies, lack of motive, and insufficient evidence can dislodge the prosecution's case.

(Criminal Appeal filed under Section 374 (2) of the Code of Criminal Procedure against the judgment dated 31.03.2004 in sessions case No.120 of 2003.)

K. Raviraja Pandian, J.

The second accused in Sessions Case No.120 of 2003 on the file of the Sessions Judge, Perambalur filed the present appeal against the judgment of the trial Court convicting and sentencing him to undergo life imprisonment and to pay a fine of Rs.10,000/- and in default to undergo rigorous imprisonment for three months for an offence under section 302 read with 34 of the Indian Penal Code. The first accused was tried for an offence under section 302 of the Indian Penal Code and was convicted for the same and was awarded a like sentence. One Kalaivanan was also alleged to have been involved in the incident. The case against him was split up as he was a juvenile.

2. The respondent police laid a charge against the accused that on 21.11.2002 at 06.30 pm in the graveyard of Wallajahnagaram colony, with an intention to cause the death of the illicit arrack seller Ashok, as he refused to give arrack free of cost to the first accused, accused 1 and 2 along with one Kalaivanan, kidnapped the deceased Ashok to Kairalabath colony. The second accused and Kalaivanan caught hold of the deceased and the first accused launched a heavy blow on the head and beat on the deceased and thereby caused his death and thus the first accused committed an offence under section 302 of the Indian Penal Code and the second accused committed an offence under section 302 read with 34 of the Indian Penal Code. To prove the charge, the prosecution examined as many as 16 witnesses and marked 10 exhibits and three material objects.

3. The case of the prosecution proceeds as follows :

One Muruganandam and Ashok became friends, when they were in jail in respect of some other case. Muruganandam used to sell illicit arrack in Wallajahnagaram graveyard. From six days prior to the date of occurrence Ashok was selling illicit arrack on behalf of Muruganandam. P.W.1 Veeramani, on 21.12.2002 at 06.00 pm, went to WallajahNagaram, graveyard to have the pleasure of liquor, where Ashok, the deceased, was selling illicit arrack. The first accused was demanding illicit arrack free of cost from the deceased. However, P.W.1 consumed arrack from Ashok and went back to his house. After some time Muruganandam came to his house at 08.30 pm and called him to come along with him to find out the whereabouts of the deceased Ashok, as he did not return after selling arrack. When P.W.1 and Muruganandam proceeded in search of the deceased, P.W.2 Marimuthu also accompanied them on their way to the graveyard. As Ashok was not available there at the graveyard, the three went to Manaleri, a nearby village where one Sukru informed them that accused 1 and 2 have dragged the deceased towards northern side. Thereafter, P.Ws.1 and 2 along with one Pulimoottai further proceeded in a bicycle and reached a temple near the colony. When they proceeded to the northern side of the temple, they heard a sound “don't assault me'. On hearing this sound, they went near, where accused 1 and 2 were assaulting the deceased. They also threatened P.Ws.1 and 2 with dire consequences if they interfere. Fearing of the consequences, they returned to their place. On the next day, when P.W.1 proceeded to the police station to inform about the incident, he saw the deceased Ashok lying dead with blood oozing out from his head. He gave a complaint to that effect to the Sub Inspector of Police of Kairalabath police station. On the basis of the complaint, Ex.P.1, P.W.15, the Sub Inspector of Police of the respondent police station registered a case in crime No.254/2002 for the offences under sections 364 and 302 of the Indian Penal Code and prepared the first information report, Ex.P.8 and sent the same, through P.W.13, constable, to the Judicial Magistrate's Court and to the higher authorities for taking further action.

4. P.W.16, the Investigating