PALANI Vs. STATE

JUDGEMENT

(1.) The appelant who stood charged and tried under Ss 302 and 323 of I.P.C. along with three others and found guilty under Sec.304(Part II) of I.P.C. has brought forth this appeal. A-2 to A-4 were acquitted of the charge against them.

(2.) The brief facts necessary for the disposal of this appeal are as follows:

(3.) In order to prove the accusation levelled against the appellant/A-1 and three others, the prosecution examined 12 witnesses and marked 20 exhibits and 3 material objects. On completion of the evidence on the side 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. No defence witness was examined. Neither any exhibit nor any material object was marked on the side of the defence. On consideration of the rival submissions made and scrutiny of the materials available, the learned Sessions Judge found the appellant/A-1 guilty under Sec.304 (Part II) of I.P.C. and sentenced him to undergo imprisonment as stated supra, while it acquitted all the accused including A-1 in respect of the charge under Sec.323 of I.P.C. Aggrieved over the conviction and sentence, A-1 has brought forth this appeal.