GANGARAM Vs. STATE

JUDGEMENT

(1.) This appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.III, Chennai, made in S.C.No.144 of 2009 whereby the appellants herein stood charged along with A-3 under Sections 302 read with 34 and 382 read with 34 of IPC, tried, found guilty under Sections 302 read with 34 and 382 read with 109 of IPC and awarded life imprisonment along with a fine of Rs.10000/- and default sentence and five years Rigorous Imprisonment along with a fine of Rs.10000/- and default sentence respectively while the trial Court recorded an order of acquittal of A-3.

(2.) Short facts necessary for the disposal of this appeal can be stated as follows:

(3.) The case was committed to Court of Sessions, and necessary charges were framed. In order to substantiate the charges, the prosecution marched 17 witnesses and also relied on 33 exhibits and 12 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 as far as A-1 and A-2 are concerned, and hence found them guilty and awarded punishment as referred to above while it recorded an order of acquittal of A-3. Hence this appeal at the instance of the appellants.