JUDGMENT :

G.ILANGOVAN, J.

1. This Criminal Appeal has been filed against the Judgment passed by the IV Additional District and Sessions Court, Madurai, in S.C.No. 179 of 2015, dated 11.04.2018.

2. The case of the prosecution is that both the accused/appellants herein are friends and the mother of the first accused and the deceased had illegal intimacy and because of this intimacy, the first accused developed enmity against the deceased and he along with the second accused, who is his friend conspired to kill the deceased. In furtherance of which, the deceased was invited to the place of occurrence and both of them caused severe stab injuries, which resulted in his death on 17.12.2013 at about 09.00 p.m. instantaneously, they also removed the Cell phone, ATM card, Driving licence, Gold chain weighing 1½ sovereigns from the deceased and fled away from the place of occurrence.

3. Based upon the complaint given by one, the father of the deceased, a case in Crime No.456 of 2013 was registered by the respondent police and after completing the investigation, filed the final report before the learned Judicial Magistrate No.II, Usilampatti, which was taken on file in P.R.C.No.37 of 2014 and after completing the formalities, the same was committed to the Principal District and Sessions Judge, Madurai, who in turn made over the matter to the IV Additional District and Sessions Judge, Madurai. After completing the formalities, both the accused were charged under Sections 120(b) r/w 302 IPC and 379 r/w 34 IPC.

4. The accused pleaded not guilty and to prove the charges against the accused. The prosecution examined 15 witnesses, marked 15 documents and 20 material objects were exhibited.

5. At the conclusion of the trial, the trial Court came to the conclusion that the charges against the accused under Sections 302 r/w 34 IPC and 379 r/w 34 of IPC was proved beyond all reasonable doubt and accordingly, convicted and sentenced the accused as mentioned above. They were acquitted under Section 120(b) r/w 302 IPC. Both the accused were sentenced to undergo life imprisonment and to pay a fine of Rs.5,000/- each for the offence under Section 302 r/w 34 of IPC and to undergo three years rigorous imprisonment for the offence under Section 379 r/w 34 of IPC. Challenging the conviction and sentence passed by the trial Court, both the accused approached this Court by way of filing this joint appeal.

6. The facts narrated by the prosecution through the evidence are as follows:

6.1. P.W.1 is the father of the deceased. P.W.2 and P.W.3 are the brothers. P.W.11 was the employee of the deceased in his work shop. The deceased was running a Two-wheeler work shop and water service station in Checkanoorani Village. In that work shop, P.W.11 was working as an employee. Both the accused persons were known to the deceased and they were friends. On a particular day, ie., on 14.12.2013 at about 07.00 p.m, both the accused came to the work shop of the deceased, when P.W.11 was also present. At that time, the first accused informed the deceased that they want to celebrate the birth day of the first accused. The deceased demanded a beer bottle. They handed over a beer bottle to the deceased and left the place.

6.2. After completing the work, the deceased went to the house of P.W.11 as usual for dropping him. When they were in the house of P.W. 11, the first accused called the deceased and invited him to a place near A.S.College. The deceased left the house of P.W.11 and later, the deceased was found murdered on the next day by him.

6.3. The deceased, who started from the house of P.W.11 reached the place of occurrence and both the accused were also present there. P.W.4 was the erstwhile Village Panchayat President of Kannanoor Village. P.W.5 was working as a Load man during the relevant period and P.W.4 and 5 were going to their land at about 09.45 p.m. On that particular day, they found the deceased along with two accused persons in the place of occurrence. According to P.W.