PITCHANDI Vs. STATE

JUDGEMENT

(1.) This appeal challenges a judgment of the I Additional Sessions Division, Tirunelveli, made in S.C.No.144 of 2008 whereby the appellant shown as A-1, who stood charged along with two others ranked as A-2 and A-3, was found guilty and awarded punishment as follows: ACCUSED CHARGES FINDING PUNISHMENT A-1 to A-3 447 IPC A-1 guilty A-1 - 3 months SI A-2 & A-3 not guilty A-2 & A-3 acquitted A-1 302 IPC Guilty Life imprisonment along with a fine of Rs.1000/- and default sentence A-2 & A-3 302 r/w 35 IPC Not guilty Acquitted A-1 to A-3 506(ii) IPC Not guilty Acquitted

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

(3.) The case was committed to Court of Session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 16 witnesses and also relied on 23 exhibits and 9 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. One witness was examined and one document was marked on their side. The trial Court heard the arguments advanced on either side, and took the view that the prosecution has proved the case beyond reasonable doubt in respect of the appellant/A-1 and hence found him guilty under Sections 447 and 302 of IPC and awarded punishment as referred to above. So far as the other charge is concerned, A-1 was acquitted of the same. As regards A-2 and a-3, they are acquitted by the trial Judge of all the charges. Under the circumstances, this appeal has arisen at the instance of A-1 before this Court.