KALEESWARAN Vs. STATE

JUDGEMENT

(1.) (Judgment of the Court was made by Challenge is made to a judgment of the Sessions Division, Sivagangai, made in S.C.No.73 of 2006 whereby the appellant/A-1 along with two others ranked as A-2 and A-3, stood charged namely A-1 to A-3 under Sec.120-B of IPC, A-1 under Sec.302 of IPC and A-2 and A-3 under Sec.302 read with 109 of IPC, and on trial, A-1 was found guilty under Sec.302 of IPC and awarded life imprisonment along with a fine of Rs.1000/- and default sentence, while the trial Judge acquitted A-1 of the charge under Sec.120-B of IPC and acquitted A-2 and A-3 of all the charges.

(2.) Shorn off unnecessary details, the facts of the prosecution case 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 marched 25 witnesses and also relied on 32 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. No defence witness was examined. But Exs.D1 to D5 were 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 charge levelled against A-1 under Sec.302 of IPC and hence found him guilty and awarded the punishment as referred to above. However, the trial Judge found A-2 and A-3 not guilty and acquitted them of all the charges levelled against them, while A-1 was acquitted of the other charge under Sec.120(B) of IPC. Hence this appeal at the instance of A-1 before this Court.