SAROJA Vs. STATE REP

JUDGEMENT

(1.) This appeal is brought forth by the accused 1 and 2 in a case of murder, wherein they stood charged and tried along with one Raju @ Samidurai as the third accused and A-1 and A-2 were found guilty under Ss 304(2) and 326 r/w 34 of I.P.C. and sentenced to undergo 3 years R.I. each under Sec.304(2) of I.P.C. and to undergo 1 year R.I. each under Sec.326 r/w 34 of I.P.., and the third accused was acquitted of all the charges levelled against him.

(2.) The short facts necessary for the disposal of this appeal can be stated as follows:

(3.) In order to prove the charges levelled against the appellants ranked as A-1 and A-2 and the third accused, the prosecution examined 13 witnesses and marked 24 documents and 6 material objects. After the evidence of the prosecution was over, the accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, and they flatly denied the same as false. 3 exhibits were marked on the side of the defence. On consideration of the rival submissions made and scrutiny of the available materials, the trial Court found both the appellants/A-1 and A-2 guilty under Se 304(2) and 326 read with 34 of The Indian Penal Code and awarded the sentence as referred to above, while the third accused was acquitted of the charges framed against him. Aggrieved A-1 and A-2 have brought forth this appeal.