VARADARAJ Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment dated 30.4.2010 passed by the learned Additional Sessions Judge (FTC No.1), Salem in S.C. No.338 of 2004, whereby the accused/appellant stood charged and tried for the offences under Sections 302 and 326 of the Indian Penal Code and found guilty for the offence under Section 302 of the Indian Penal Code and awarded punishment to undergo Life Imprisonment and to pay a fine of Rs.25,000/- in default to undergo Rigorous Imprisonment for one year and acquitted the accused/appellant in respect of the offence under Section 326 of the Indian Penal Code.

(2.) THE case was registered against this appellant/accused and other two accused viz. Padmanabhan @ Boopathy and Thangadurai and the case was split up in respect of this appellant/first accused and that trial was conducted in S.C. No.338 of 2004 by the learned Additional Sessions Judge (FTC No.1), Salem.

(3.) THE Trial Court, after hearing the arguments advanced by either side and scrutinizing the materials available on record, found the accused guilty under Section 302 of the Indian Penal Code and awarded the punishment as referred to above. Hence this appeal is filed at the instance of the appellant.