DAVID Vs. STATE

JUDGEMENT

(1.) The appellants herein, who were ranked as A-1 and A-2 and who were charged, tried and found guilty under Sections 341 and 302 I.P.C. and were sentenced life imprisonment for the latter offence and a fine of Rs.250/- with a default sentence of one month S.I. for the former offence, while A-3, who was charged under Sections 341 and 302 I.P.C., is acquitted, have brought forth this appeal.

(2.) The short facts, which led to the framing of the said charges can be stated thus:-

(3.) In order to prove the charges levelled against A-1 to A-3, the prosecution marched 10 witnesses and relied on 11 exhibits and 3 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses. They flatly denied them as false. No defence witnesses were examined and no exhibits or material objects were marked on the defence side. On consideration of the rival submissions made and on a scrutiny of the materials available, the trial Court found A-1 and A-2 guilty as per the charges levelled against them under Sections 341 and 302 I.P.C. and awarded the punishment as referred to above, but acquitted A-3 of the charges levelled against him.