SENTHIL M Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the Judgment of the Principal District and Sessions Judge, Perambalur in S.C.No.178 of 2007, whereby both the appellants stood charged, tried and found guilty under Sections 302 r/w 34 IPC and also under Section 323 IPC in respect of the first accused and under Section 323 IPC r/w 109 IPC in respect of the second accused convicted and sentenced to undergo life imprisonment along with a fine of Rs.5,000/- in default to undergo further period of six months simple imprisonment for the offence under Sections 302 r/w 34 IPC and convicted and sentence to undergo RI for three months for the offence under Section 323 IPC in respect of the first accused and under Section 323 IPC r/w 109 IPC.

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

(3.) ADDED further, the learned senior counsel pointing out the statement recorded by the Judicial Magistrate, Ariyalur that the documents were corrected and all would clearly indicate that the documents have been created to the advantage of the prosecution and the occurrence could not have taken place at the time as putforth by the prosecution, but at a different time. While there were so many independent witnesses available and also examined before the Court, no one had supported the prosecution case. The evidence of all the four witnesses P.Ws.1 to 4 viz., Wife, father-i- law and the sisters of the deceased respectively, would clearly indicate that they came with versions in order to implicate the appellants/accused who were innocents and in view of previous enmity which prevailed and under such circumstances, they are entitled for acquittal.