SELVAM Vs. AYYACHAMY ALIAS RASU IYAR

JUDGEMENT

(1.) This judgment shall govern these three appeals, namely Crl.A.(MD).No.128 of 2009 by A6, Crl.A.(MD).No.131 of 2009 by A4 and Crl.A.(MD).No.147 of 2009 by A1 to A3. All these appellants along with one accused who is ranked as A5 stood charged and tried by the learned Additional District and Sessions Court (F.T.C.), Periyakulam in S.C.No.17 of 2007 for the following charges; Accused Sections A1 302 315 and 201 IPC A2 315 and 201 IPC A3 315 and 201 IPC A4 315 and 201 IPC A5 201 IPC A6 302 r/w 109 IPC On trial, A1 was convicted under Sections 302 and 201 IPC and awarded life imprisonment along with a fine of Rs.5,000/-, with a default sentence of six months simple imprisonment for the offence under Section 302 IPC and seven years rigorous imprisonment along with fine of Rs.2,000/-, with a default sentence of three months simple imprisonment; A2 to A4 were convicted under Sections 315 and 201 IPC and awarded 10 years rigorous imprisonment along with a fine of Rs.3,000/- each, with a default sentence of four months simple imprisonment for the offence under Section 315 IPC and seven years rigorous imprisonment along with fine of Rs.2,000/- each, with default sentence of three months simple imprisonment for the offence under Section 201 IPC; A5 was convicted for the offence under Section 201 IPC and awarded seven years rigorous imprisonment along with a fine of Rs.2,000/-, with a default sentence of three months simple imprisonment; A6 was convicted for the offence under Section 302 r/w 109 IPC and awarded life imprisonment along with fine of Rs.5,000/-, with a default sentence of six months simple imprisonment. Hence the appeals are at the instance of A1 to A4 and A6.

(2.) The short facts necessary for the disposal of these appeals can be stated as follows:-

(3.) Advancing the arguments on behalf of the appellants, the learned counsel would submit that in the instant case the prosecution had no direct evidence to offer and it has got only circumstantial evidence. P.W.1 is the only witness examined by the prosecution to speak about the circumstances relied on by the prosecution. According to P.W.1, when he was coming across the burial ground along with his menial, he found A5 having a fertilizer bag in her hand and entertaining suspicion, he asked her and she gave a confessional statement voluntarily and he immediately took her to the police station and gave Ex.P1 report. The Sub Inspector of Police, P.W.12 on the strength of the report Ex.P1, registered a case in Cr.No.225 of 2005 for the offence under Sections 315 and 302 IPC.