NINAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The appellants who were ranked as A-1 and A-2, along with two others as A-3 and A-4 stood charged under Sec.302 read with 34 of I.P.C., and A-1 and A-2 who were found guilty under Sec.304 (ii) read with 34 of I.P.C. and sentenced to undergo 5 years R.I. have brought forth this appeal.

(2.) The short facts necessary for the disposal of this appeal are thus:

(3.) In order to prove the charges levelled against the appellants and other two accused, the prosecution examined 11 witnesses and marked 23 exhibits and 10 material objects. On completion of the evidence of the prosecution, the accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. On the side of the defence, D.W.1 was examined, and neither any exhibit nor any material object was marked. On consideration of the rival submissions and scrutiny of the materials available, the trial Court found A-1 and A-2 guilty under Sec.304 (Part II) read with 34 of I.P.C. and sentenced to undergo the imprisonment, as stated supra. Hence, this appeal.