JUDGMENT :

R. Subramanian, N. Sathish Kumar, JJ.

Prayer: Criminal Appeal filed under Section 374(2) of Cr.P.C. against the judgment of conviction and sentence passed by the learned III Additional District and Sessions Judge Court, Tirunelveli made in S.C.No. 464 of 2015 dated 23.08.2018.

1. This appeal has been filed by the appellants/accused Nos.1 and 2 as against the conviction and sentence, dated 23.08.2018, made in S.C.No.464 of 2015, by the learned III Additional District and Sessions Judge (PCR), Madurai.

2. The appellants/A-1 and A-2 stood convicted and sentenced to undergo imprisonment as detailed hereunder:

(Both the sentences were directed to run concurrently.)

3. The brief facts of the prosecution is as follows:

(i) The deceased Ganapathy is the husband of P.W.9. On 30.06.2014, at about 9.00 p.m., the deceased in an inebriated condition was lying in front of a temple which is near by the petti shop owned by P.W.3 and P.W.4 husband and wife. In an inebriated stage, the deceased used abusive and filthy language. At that time, the accused 1 and 2 came there and P.W.3 asked the accused to take the deceased and drop him to the bus stand. When the accused tried to lift the deceased, the deceased allegedly abused the accused. Thereafter the accused took the deceased in their bike.

(ii) When the matter stood thus, on 01.07.2014, P.W.1-VAO of Nanguneri, on hearing the news about the dead body found in the graveyard near the mosque, went to the place of occurrence at 9.30 a.m., and found the dead body, found the cloths of the deceased with bloodstain and three pieces of bloodstained bricks and also found the injuries on the back side of the head of the deceased and thereafter, immediately he lodged a complaint- Ex.P1 before the respondent police. P.W.14-Sub Inspector of Police after receiving Ex.P1, registered a case in Crime No.38 of 2014 for the offence under Section 302 IPC under Ex.P12-First Information Report and forwarded the FIR to the Court along with Ex.P.13-visceral report.

(iii) P.W.22, Inspector of Police took up the case for investigation and went to the place of occurrence and prepared an Observation Mahazar-Ex.P. 2 in the presence of P.W.8 and also seized bloodstained clothes and three pieces of bricks under Ex.P3-Seizure Mahazer and has also collected bloodstained earth and ordinary earth under MO.4 and MO.5 in the place of occurrence and has conducted inquest over the dead body in the presence of witnesses and also drawn rough sketch under Ex.P.20 and sent the body for post-mortem with requisition for conducting autopsy over the dead body. P.W.2 is the brother in law of the deceased and he has identified the dead body in the hospital. P.W.17 conducted autopsy over the body of the deceased and found the following injuries:

“1. Abrasions: 3 x 1 cm seen in front of left shoulder; 1 x 1 cm seen in front of left forearm; 4 x 3 cms seen in right side of forehead; 4 x 3 cms seen in right cheek; 2 x 1 cm seen in front of right ear; 6 x 4 cms seen in middle of fore head; 4 x 3 cms seen in left side of nose; 7 x 6 cms seen in left side of forehead; 6 x 3 cms seen in left cheek; 3 x 2 cms seen in back of left shoulder; 1 x 1 cm seen in back of right shoulder