ELUMALAI Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Additional Sessions Division, Fast Track Court No.V, Chennai, made in S.C.No.12 of 2010 whereby the sole accused/appellant stood charged under Sections 302, 324 and 506(ii) of IPC, tried and found guilty under Sections 302 and 324 of IPC and awarded life imprisonment along with a fine of Rs.5000/- and default sentence under Sec.302 IPC and two years Rigorous Imprisonment along with a fine of Rs.1000/- and default sentence under Sec.324 IPC, and he was acquitted of the third charge under Sec.506(ii) IPC.

(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 charges were framed. In order to substantiate the charges, the prosecution examined 10 witnesses and also relied on 16 exhibits and 1 material object. On completion of the evidence on the side of the prosecution, the accused was questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses which he 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 brought home the guilt of the accused in respect of the charges 1 and 2 and awarded the punishment as referred to above. Hence this appeal at the instance of the appellant. However the trial Court has recorded an order of acquittal in respect of the third charge.