NATARAJAN Vs. STATE

JUDGEMENT

(1.) This judgment shall govern these two appeals in Criminal Appeal Nos.330 and 361 of 2009. Criminal Appeal No.330 of 2009 has been brought forth by the appellants/Accused Nos.1 to 3 and the Criminal Appeal (MD)No.361 of 2009 has been brought forth by the appellants/Accused Nos.4 to 6. These appellants, stood charged and tried by the Additional Sessions Division, Fast Track Court No.2, Tirunelveli in S.C.No.234 of 2007 whereby they were found guilty and awarded punishment as follows:- Accused Nos. Charge under Finding Punishment Accused Nos. Charge Under Finding Punishment Accused Nos. 1 to 5 U/s.148 IPC Guilty Each two years rigorous imprisonment and a fine of Rs.1,000/- in default to undergo 3 months rigorous imprisonment Accused No.6 U/s.147 IPC Guilty One year rigorous imprisonment and a fine of Rs.1,000/-, in default to undergo 3 months rigorousimrisonment Accused Nos. 1 to 5 U/s.302 IPC Guilty Each life imprisonment and a fine of Rs.,2000/- in default to undergo one year rigorous imprisonment Accused No.6 U/s.302 r/w 114 IPC Guilty Life imprisonment and a fine of Rs.2,000/-, in default to undergo one year rigorous imprisonment

(2.) The short facts that are necessary for the disposal of these appeals can be stated as follows:

(3.) In order to substantiate the charges levelled against the accused, the prosecution examined 18 witnesses and relied on 32 Exhibits and 17 MOs. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C. on the incriminating circumstances found in the evidence of the prosecution witnesses, which was denied on the part of the accused. DW.1 was examined on the side of the defence and Exs.D.1 to D.6 were marked. The trial Court after hearing the arguments advanced by either side and on considering the materials available on record, took the view that the prosecution has proved its case beyond reasonable doubts in respect of the charges levelled and found the accused guilty of the charges and awarded punishment as referred to above and hence appeals at the instance of the appellants/accused.