ANAND AND ORS. Vs. STATE

JUDGEMENT

(1.) Among the four accused in S.C. No. 104 of 2010 on the file of the Principal District and Sessions Court, Thiruvarur, the appellants herein were arrayed as A1 and A2 respectively. They stood charged for the offence punishable under Section 302 read with 34 of Indian Penal Code (in short IPC). After conclusion of trial, the trial court, by judgment dated 09.04.2018, convicted the appellants/A1 and A2 under Section 302 read with 34 IPC and sentenced each of them to undergo life imprisonment and to pay fine of Rs.2,000/- each, in default, to undergo rigorous imprisonment for a period of three months. Challenging the said conviction and sentence, the appellants/A1 and A2 have come up with the present Criminal Appeal.

(2.) The case of the prosecution, as put forth before the trial court, is narrated below:

(3.) Based upon the above materials, the trial Court framed charges against the appellants. In order to prove the charges, on the side of the prosecution, P.Ws.1 to 13 were examined, Exs.P-1 to P-16 were marked and M.Os.1 to 9 were produced. Exs.X-1 and X-2 were also marked during the course of trial. When the appellants/A1 and A2 were questioned under Section 313 Cr.P.C., 1973 in respect of incriminating materials, they pleaded innocence, denied their complicity in the crime and stated that the evidence on the side of prosecution is false. However, on the side of defence/accused, no oral or documentary evidence is adduced.