MANI Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Appellants in Crl. A. No. 733/2009 figured as accused 1 and 2 in Sessions Case No. 202/2009 on the file of Additional District-cum-Sessions Judge (Fast Track Court-1), Salem and the Appellant in Crl.A. No. 761/2009 figured as accused No. 3 in the said sessions case. All of them stood charged for committing an offence punishable under Section 302, IPC r/w Section 34, IPC, found guilty of and convicted for the offence with which they stood charged and sentenced to undergo life imprisonment besides payment of a sum of Rs. 1,00,000/- as fine by each one of them. Challenging the judgment of the trial Court dated 28.10.2009 in respect of the conviction recorded as well as the sentence, they have come forward with the present appeals.

(2.) The summary of the prosecution case, in brief, as could be ascertained from the oral and documentary evidence adduced on the side of the prosecution is as follows:

(3.) On completion of investigation, the Inspector of Police, Vazhapadi police station (P.W. 15), submitted a final report alleging commission of an offence punishable under Section 302 r/w 34, IPC on the part of the Appellants herein, who figured as accused 1 to 3 in the said case. The learned Judicial Magistrate No. 6, Salem took it on file as PRC No. 12/2009 and committed the same to the Principal Sessions Judge, Salem for trial. The same was taken on file as S.C. No. 202/2009 by the learned Principal Sessions Judge, Salem and made over to the Additional District and Sessions Judge (Fast Track Court No. 1), Salem for disposal according to law.