K.CHINNATHAMBI@ ARUVA CHINNATHAMBI Vs. STATE

JUDGEMENT

(1.) The appellants are the accused in S.C. No. 137 of 2009, on the file of the learned Sessions Judge, Kanyakumari Division at Nagercoil. They stood charged for offences under Sections 449, 302, 392, read with 397 and 201 of the Indian Penal Code. By judgment dated 28.9.2012, the Trial Court convicted them under all the charges. For the offence under Section 449 of the Indian Penal Code, they have been sentenced to undergo Rigorous Imprisonment for ten years and to pay a fine of Rs. 1,000/- each in default to undergo simple imprisonment for 28 months; for the offence under Section 302 of the Indian Penal Code, they have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- in default to undergo simple imprisonment for four years each; for the offence under Section 392 read with 397 of the Indian Penal Code, they have been sentenced to undergo Rigorous Imprisonment for ten years in default to undergo simple imprisonment for 28 months each and for the offence under Section 201 of the Indian Penal Code, they have been sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- each in default to undergo simple imprisonment for 18 months. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellants have come up with these Criminal Appeals. The case of the prosecution, in brief, is as follows:

(2.) Based on the above materials, the Trial Court framed as many as four charges, as detailed in the First Paragraph of this judgment. Since the accused pleaded innocence, they were put on trial. In order to prove the charges, the prosecution has examined 24 witnesses and exhibited thirty eight documents, besides, twenty two Material Objects. When the Trial Court examined the accused under Section 313 of the Code of Criminal Procedure in respect of incriminating evidences available against the accused, they denied the same as false. On their side, they did not choose to examine any witness. But, they marked Exhibit D-1, a certified copy of the judgment made in C.C. No. 89 of 2009, on the file of the Judicial Magistrate Court, No. II, Kuzhithurai. Both the accused denied complicity and pleaded innocence.

(3.) Having considered all the above materials, the Trial Court found them guilty under all the charges, and accordingly, punished them. That is how, the appellants are now before this Court with these Criminal Appeals.