RABI Vs. STATE REP

JUDGEMENT

(1.) This appeal has been brought forth by A-1 to A-3 who stood charged, tried, found guilty and sentenced to imprisonment by the learned Sessions Judge, Nagercoil, as detailed below. AccusedChargeGuilty(IPC)Punishment(IPC) A-1 341,324,307 & 302 324 341 307 3022 years R.I. Rs.250/- fine in default 1 week S.I. 5 years R.I. Life A-2 341, 324(2 counts), & 302324(2 counts)- 341 3022 years R.I. each Rs.250/- fine in default 1 week S.I. Life A-3 341, 323(2 counts), 325 & 302 r/w 34323(3 counts) 325 341 302 r/w 346 months R.I. each 5 years R.I. Rs.250/- fine in default 1 week S.I. Life

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

(3.) In order to prove the charges levelled against the appellants/accused, the prosecution examined 20 witnesses and marked 37 exhibits and 12 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. But, they add that at the time of occurrence, the prosecution witnesses were the aggressors, and they came armed with deadly weapons like aruval, and it was the prosecution witnesses and the two deceased who attacked them, and they sustained injuries, and they had treatment, and they have also given complaint, and thus, the case of the prosecution was false. On consideration of the rival submissions and scrutiny of the materials, the trial Court found all the three accused guilty and sentenced them to imprisonment as referred to above. Aggrieved appellants/accused have brought forth this appeal.