CHINNADURAI Vs. STATE

JUDGEMENT

(1.) The learned Sessions Judge, Oothagamandalam framed charges against the accused 1, 3 and 4, along with one Senthilkumar/second accused (who died even before framing of charges) under Sections 364, 302, 392 and 201, I.P.C. for causing the death of one Murthy and for other acts on 5-1-1997 at about 10.45 p.m. and the accused faced the trial in S.C. 31 of 1998.

(2.) The Sessions Judge found that the accused herein are guilty of all the charges and awarded capital punishment for having committed the offence under Section 302 I.P.C. The Sessions Judge also awarded life imprisonment for the offence under Section 364 I.P.C. rigorous imprisonment for 14 years under Section 392 I.P.C. and 7 years R.I. for the offence under Section 201 I.P.C. The above appeal has been preferred by the accused (A-3 and A-4) questioning the correctness of the conviction and sentence of the learned Sessions Judge in S.C. 31 of 1998.

(3.) The prosecution to substantiate the charges, examined P.Ws. 1 to 15; filed exhibits P-1 to P-34 and produced MOs. 1 to 10. For the sake of convenience, accused 1,3 and 4 shall be hereinafter referred to as accused.