LAWS(MAD)-2010-7-165

RADHA KRISHNAN Vs. STATE

Decided On July 16, 2010
RADHA KRISHNAN Appellant
V/S
STATE THROUGH THE INSPECTOR OF POLICE, THIRUMANGALAM TALUK POLICE STATION, MADURAI DISTRICT Respondents

JUDGEMENT

(1.) Challenge is made to the judgment of the Principal Sessions Division, Madurai, whereby the first appellant/first accused stood charged under Section 302 of the IPC and the second accused/appellant stood charged under Section 302 r/w 34 of the IPC and on trial, both were found guilty of the charge levelled against them and each one was sentenced to undergo life imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo three months rigorous imprisonment.

(2.) The short facts that are necessary for the disposal of this appeal can be stated as follows:

(3.) In order to substantiate the charge levelled against the accused, the prosecution examined 15 witnesses and relied on 19 Exhibits and 8 MOs. On completion of the evidence on the side of the prosecution, when the accused were questioned under Section 313 Cr.P.C. on the incriminating circumstances found in the evidence of the prosecution witnesses, they denied them as false. No witness was examined on the side of the defence but Exs.1 and 2 documents were marked. The trial Court, after hearing the arguments advanced by either side and on considering the materials available on record, took the view that the prosecution has proved its case beyond reasonable doubts as per the charge and awarded punishment as referred to above.