BOSE Vs. STATE

JUDGEMENT

(1.) THE appellant is the sole accused in Sessions Case No. 82 of 2000 on the file of Principal Sessions Judge, Sivagangai. He was tried for the offences punishable under Sections 449, 302, 324, 324 and 352 I. P. C. After trial the trial court found him guilty and convicted him under Sections 449 302, 324 (two counts) and 352 I. P. C. and sentenced to undergo imprisonment as stated below: (i) Under Section 449 IPC - 3 years rigorous imprisonment and to pay a fine of Rs. 500/-, in default to undergo three months rigorous imprisonment. (ii) Under Section 302 IPC - Life imprisonment and to pay a fine of Rs. 5000/-, in default to undergo one year rigorous imprisonment. (iii) Under Section 324 IPC (two counts) - One year rigorous imprisonment for each count and to pay a fine of Rs. 500/-, in default to undergo three months rigorous imprisonment. (iv) Under Section 352 IPC - Fine of Rs. 250/-, in default to undergo one month simple imprisonment. The trial court also directed the sentences to run concurrently. Aggrieved over the said conviction and sentence, the accused has preferred this appeal.

(2.) THE brief facts of the prosecution case are as follows.

(3.) ON behalf of the prosecution, P. Ws. 1 to 12 were examined as witnesses and Exhibits P-1 to 20 and M. Os. 1 to 24 were marked. On behalf of the accused, no witness was examined and no document or M. Os. were marked. When the accused was questioned under Section 313 Cr. P. C. about the incriminating circumstances appearing in the evidence of prosecution witnesses, he denied them either as false or not known. On considering the oral and documentary evidence produced by the prosecution, the learned trial judge found this appellant/accused guilty under Sections 449, 302, 324 (two counts) and 352 IPC, convicted him thereunder and sentenced him to undergo imprisonment as stated above. Hence this appeal.