AYYAVOO ALIAS AYYASAMY Vs. STATE

JUDGEMENT

(1.) The appellants, who were ranked as A1 and A3 stood charged under Section 326, 506(ii) and 323 I.P.C. along with A2 and A1 was found guilty under Section 323 I.P.C. and sentenced to pay a fine of Rs.300/-, in default one month S.I., while A3 was found guilty under Section 506(ii) and sentenced to undergo R.I. for 3 months along with a fine of Rs.500/- in default 2 weeks R.I. and also found guilty under Section 326 I.P.C and sentenced to undergo 24 months R.I. along with a fine of Rs.1000/- in default 6 months R.I., have brought forth this appeal. During the pendency of this appeal, the first appellant/A1 died, and thus, this appeal becomes abated insofar as A1 is concerned. The appeal has been prosecuted by A3. Hence, the scope of the appeal is limited to the conviction and sentence in respect of A3, who is the second appellant herein.

(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 all the three accused, the prosecution examined 6 witnesses and marked 7 exhibits. No M.Os were marked. On completion of evidence on the side of the prosecution, the accused were questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which they flatly denied as false. After consideration of the rival submissions and scrutiny of the materials available, the trial court found A1 guilty under Section 323 I.P.C. and A3 was found guilty under Sections 326 and 506(ii) and awarded punishment as stated above, while A2 was acquitted of the charges levelled against him. Though the appeal was filed by A1 and A3, during the pendency of the appeal A1 died, and hence, this appeal is prosecuted by A3.