MANUVEL Vs. STATE

JUDGEMENT

(1.) This judgment shall govern these two appeals in Criminal Appeal (MD) Nos.160 and 359 of 2009. Criminal Appeal (MD) No.160 of 2009 has been brought- forth by Accused No.1 and Criminal Appeal (MD) No.359 of 2009 has been brought- forth by Accused No.2. These two appellants, stood charged and tried by the Additional Sessions Division, Fast Track Court No.1, Tirunelveli in S.C.No.232 of 2008 whereby they were found guilty and awarded punishment as follows:- Accused Nos. Charge under Finding Punishment Section Accused No. 1&2 U/s.341 IPC Guilty Each one month simple imprisonment Accused No.1 U/s.302 IPC Guilty life imprisonment and a fine of Rs.1,000/- in default, to undergo three months rigorous imprisonment Accused No.2 U/s.302 r/w 34 IPC Guilty life imprisonment and a fine of Rs.1,000/- in default, to undergo three months rigorous Accused Nos. 1 & 2 U/s.506(ii) IPC Guilty Each three years rigorous imprisonment

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

(3.) In order to substantiate the charges levelled against the accused, the prosecution examined 14 witnesses and relied on 21 Exhibits and 6 MOs. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C. On the incriminating circumstances found in the evidence of the prosecution witnesses, which was denied on the part of the accused. 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 and found the accused guilty of the charges and awarded punishment as referred to above and hence, the appeals at the instance of the appellants.