BHASKARAN Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Mahila Court, Perambalur, made in S.C.No.5 of 2008 whereby the appellants shown as A-1 and A-2 respectively, along with A-3 stood charged under Sec.302 read with 34 of IPC, tried and found guilty as per the charge and awarded life imprisonment along with a fine of Rs.2000/- and default sentence. As far as A-3 was concerned, the charges stood abated since he died pending proceedings.

(2.) 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 charge was framed. In order to substantiate the charge, the prosecution marched 17 witnesses and also relied on 14 exhibits and 10 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. No defence witness was examined. The trial Court heard the arguments advanced on either side, and took the view that the prosecution has proved the case beyond reasonable doubt and hence found the accused/appellants guilty under Sec.302 read with 34 IPC and awarded life imprisonment which is the subject matter of challenge before this Court.