R GOPAL Vs. STATE

JUDGEMENT

(1.) Challenge is made to the judgment of the Principal Sessions Division, Virudhunagar District at Srivilliputhur, whereby the accused/appellant was shown as A.1, stood charged along with other accused ranked as A.2 under Sections 392 r/w 397, 302 and 506 (2) of the IPC and on trial, he was found guilty under Sections 302 and 392 r/w 397 of the IPC and awarded life imprisonment and a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment under Section 302 of the IPC and 10 years rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo six months rigorous imprisonment under Sections 392 r/w 397 of the IPC. However, the trial Judge has recorded an order of acquittal of A.1 under Section 506(2) of the IPC and also acquitted the second accused in respect of all the charges levelled against him.

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

(3.) In order to substantiate the charges levelled against the accused, the prosecution examined 17 witnesses and relied on 34 Exhibits and 18 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. Neither defence witness was examined nor document was marked on the side of the defence. 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 insofar as A.1 and found A.1 guilty as per the charges and awarded punishment as referred to above. A.2 was acquitted of all the charges.