MUTHUSWAMY Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants who stood charged and tried for the offences under Ss 341, 302, 302 r/w 34 and 355 of I.P.C. respectively have brought forth this appeal challenging the conviction and sentence passed by the learned I Additional Sessions Judge, Tiruchirapalli, as detailed below. AccusedCharge(IPC) Conviction(IPC) Punishment A-1341 & 302341 325 Rs.500/- fine in default 1 week S.I. 3 years R.I. + Rs.3,000/- fine in default 6 months R.I. A-2 341, 302 r/w 34, 355 325 r/w 34 355 3 years R.I. + Rs.1,000/- fine in default 6 months R.I. Rs.2,000/- fine in default 6 months R.I.

(2.) The short facts barring the unnecessary details can be stated thus:

(3.) In order to prove the charges levelled against the appellants/accused, the prosecution examined 15 witnesses and marked 19 exhibits and 2 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, and the appellants/accused denied them as false. No defence witness was examined. The trial Court on consideration of the rival submissions and scrutiny of the materials, found A-1 guilty under Ss 341 and 325 of I.P.C. and A-2 under Ss 325 r/w 34 and 355 of I.P.C. and awarded the punishment as referred to above which is under challenge before this Court.