K RAJA Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment dated 26.3.2010 passed by the learned Additional District and Sessions Judge (Fast Track Court No.IV), Chennai in S.C. No.374 of 2009, whereby the accused/ appellants, three in numbers, stood charged, tried, found guilty and awarded punishment as follows:- Sl.No. Rank of the accused Charge Findings Sentence 1. 1st accused 341 r/w 34 I.P.C. 302 r/w 34 I.P.C. 506(ii) r/w 34 I.P.C. Guilty Guilty Guilty Pay a fine of Rs.500/- in default to undergo one month Simple Imprisonment. Life Imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months Simple Imprisonment Rigorous Imprisonment for two years and to pay a fine of Rs.500/- in default to undergo three months Simple Imprisonment. 2. 2nd accused 341 r/w 34 I.P.C. 302 r/w 34 I.P.C. 506(ii) r/w 34 I.P.C. Guilty Guilty Guilty Pay a fine of Rs.500/- in default to undergo one month Simple Imprisonment. Life Imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months Simple Imprisonment Rigorous Imprisonment for two years and to pay a fine of Rs.500/- in default to undergo three months Simple Imprisonment. 3. 3rd accused 341 r/w 34 I.P.C. 302 r/w 34 I.P.C. 506(ii) r/w 34 I.P.C. Guilty Guilty Guilty Pay a fine of Rs.500/- in default to undergo one month Simple Imprisonment. Life Imprisonment and to pay a fine of Rs.5,000/- in default to undergo six months Simple Imprisonment Rigorous Imprisonment for two years and to pay a fine of Rs.500/- in default to undergo three months Simple Imprisonment.

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

(3.) ADVANCING arguments on behalf of the appellants, learned Senior Counsel would submit inter-alia that the occurrence had taken place on 23.2.2009 at about 4.30 p.m. In order to prove the case, though the prosecution examined P.Ws.1, 2, 3, 6, 7 and 8 as eye witnesses, P.W.6 has turned hostile, P.Ws.2 and 3 are brothers of the deceased and P.Ws.7 and 8 are close to the victim and also to P.Ws.1 and 2. Pointing to the evidence of these eye witnesses, learned counsel would submit that accused 2 and 3 were found guilty under Sections 302 read with 34, 341 read with 34 and 506(ii) read with 34 of the Indian Penal Code by the Trial Court. Not even a case under Section 323 of the Indian Penal Code was registered against them. Insofar as accused 2 and 3 are concerned, according to the prosecution case, they beat the deceased with hands, but not even complained of pain or its corresponding injury.