MANOHARAN Vs. STATE

JUDGEMENT

(1.) The appellant, who was ranked as A-1 along with two others in a sessions trial, wherein all of them stood charged for the offences under S.392 r/w 397 I.P.C. (2 counts), on being found guilty under S.392 r/w 397 I.P.C. (1 count) and sentenced to undergo R.I. for 10 years with a fine of Rs.5,000/- and in default of payment of fine to undergo 1 year R.I. has brought forth this appeal.

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

(3.) Before the commencement of the trial, both A-2 and A-3 died, and the case was proceeded against A-1. In order to prove the charge levelled against the appellant/A-1, the prosecution examined 9 witnesses and marked 13 exhibits and 5 material objects. After the evidence of the prosecution was over, the appellant/A-1 was questioned under S.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, and the accused flatly denied the same as false. No defence witness was examined. On consideration of the rival submissions and scrutiny of the available materials, the trial Court found him guilty under S.392 r/w 397 I.P.C. (1 count) and sentenced him to undergo imprisonment as stated above.