ANAND BABU, S/O P KARUNANITHI Vs. STATE

JUDGEMENT

(1.) This judgment shall govern these two appeals in Crl.A.(MD) Nos. 202 and 208 of 2009. Crl.A.(MD) No. 202/2009 has been brought forth by Accused No. 2 and Crl.A.(MD) No. 208 of 2009 has been brought forth by Accused No. 1. These two appellants, along with two others ranked as Accused No. 3 and 4, stood charged and tried by the Additional Sessions Division, Fast Track Court No. II, Tirunelveli, in S.C. No. 462 of 2008, whereby these two appellants and accused No. 3 were found guilty and awarded punishment as follows. Accused Nos. Charge Under Finding Punishment Accused No. 1 Under Section 449 IPC Guilty 10 years RI and a fine of Rs. 2000/-, in default RI for one year Accused No. 1 Under Section 302 IPC Guilty Life imprisonment and a fine of Rs. 2000/-, in default RI for one year. Accused No. 1 Under Section 397 IPC Guilty 7 years RI Accused No. 2 Under Section 302 r/w 34 IPC Guilty Life imprisonment and a fine of Rs. 2000/-, in default RI for one year. Accused No. 2 Under Section 397 r/w 34 IPC Guilty 7 years RI Accused No. 3 Nos. 411 IPC Guilty 3 years RI and to pay a fine of Rs. 10000/-, in default RI for 3 months

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

(3.) After committal proceedings, the case was taken on file by the Sessions Court in S.C. No. 462/2008 and necessary charges were framed. To prove the charges against the accused, the prosecution examined 21 witnesses as P.Ws.1 to 21 and marked 30 documents as Exs.P-1 to P-30 and produced M.Os.1 to 24. On completion of the evidence on the side of the prosecution, when the accused were questioned under Section 313 of the Criminal Procedure Code about the incriminating circumstances found in the evidence of prosecution witnesses, they denied all of them as false. On the side of defence, no witness was examined but, however, one document was marked as Ex.D-1. The trial court, after hearing the parties, took the view that the prosecution has proved the charges against accused Nos. 1,2 and 3 beyond reasonable doubt, found them guilty, convicted them thereunder and awarded punishments as referred to earlier but, however, recorded an order of acquittal in respect of accused No. 4. In such circumstances, these appeals are brought forth by accused Nos. 1 and 2.