SUNDARAMURTHY Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment dated 10.2.2010 passed by the learned Additional District and Sessions Judge, Fast Track Court No.V, Chennai passed in S.C. No.41 of 2009, whereby the accused/appellant stood charged, tried along with other accused shown as second accused for the offences under Sections 392 read with 397, 302 read with 34 and 201 read with 34 of the Indian Penal Code and the accused/appellant was found guilty for the offences under Sections 392 read with 397, 302 read with 34 and 201 read with 34 of the Indian Penal Code and awarded punishment to undergo imprisonment for seven years and to pay a fine of Rs.3,000/- in default to undergo Rigorous Imprisonment for three months for the offence under Section 392 read with 397 of the Indian Penal Code and to undergo imprisonment for life and to pay a fine of Rs.5,000/- in default to undergo Rigorous Imprisonment for six months for the offence under Section 302 read with 34 of the Indian Penal Code and to undergo Imprisonment for two years and to pay a fine of Rs.2,000/- in default to undergo Rigorous Imprisonment for two months for the offence under Section 201 read with 34 of the Indian Penal Code and all the sentences shall run concurrently.

(2.) THOUGH the second accused participated in the trial till the examination of witnesses on the prosecution side, he absconded thereafter. A Non Bailable Warrant was issued, but he could not be secured. Under the circumstances, the case was split up and proceeded as against this appellant and trial was concluded and after following the procedural formalities, he was found guilty and awarded punishment as referred to above. Hence, this appeal is filed at the instance of the appellant.

(3.) THE Trial Court, after hearing the arguments advanced by either side and scrutinising the materials available on record, found the accused guilty under Sections 392 read with 397, 302 read with 34 and 201 read with 34 of the Indian Penal Code and awarded the punishment as referred to above. Hence this appeal is filed at the instance of the appellant.