MAYIL RAVANAN Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Principal Sessions Division, Tuticorin, dated 30.12.2005, made in S.C.No.204/2005, whereby the appellant/accused, stood charged under Sections 449 and 302 IPC, on trial, found guilty thereunder and sentenced to undergo life imprisonment and to pay a fine of Rs.500/-, in default to undergo rigorous imprisonment for one year under Section 302 IPC and four years rigorous imprisonment and to pay fine of Rs.250/-, in default to undergo one year rigorous imprisonment under Section 449 IPC and the sentences were ordered to run concurrently.

(2.) The short facts necessary for the disposal of the appeal can be stated thus:

(3.) After committal proceedings, the case was taken on file by the Sessions Court in S.C.No.204/2005 and necessary charges were framed. To prove the charges against the accused, the prosecution examined 19 witnesses as P.Ws.1 to 19 and marked 31 documents as Exs.P-1 to P-31 and produced M.Os.1 to 11. On completion of the evidence on the side of the prosecution, when the accused was questioned under Section 313 of the Criminal Procedure Code about the incriminating circumstances found in the evidence of prosecution witnesses, he denied all of them as false. On the side of defence, neither oral evidence nor documentary evidence was let in. The trial court, after hearing the parties, took the view that the prosecution has proved the charges against the accused beyond reasonable doubt, found him guilty under both the charges under Sections 449 and 302 IPC, convicted him thereunder and sentenced him as referred to above. Hence this appeal at the instance of the appellant/accused.