RAMAR Vs. STATE REP

JUDGEMENT

(1.) The appellants herein/accused Nos.1 to 4, who stood charged, tried by the Court of Sessions, Tuticorin for the offences under Section 302 IPC for A1 and 302 r/w 34 for accused Nos.2 to 4, and A1 was found guilty under Section 304(1) IPC and sentenced to undergo R.I for 9 years and to pay a fine of Rs.500/- in default to undergo RI for 3 months and accused Nos.2 to 4 were found guilty under Section 304(1) r/w 34 IPC and sentenced to undergo R.I for 5 years and to pay a fine of Rs.300/- each in default to undergo RI for 2 months, have brought forth this appeal.

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

(3.) In order to prove the charges levelled against appellants/accused, the prosecution examined 14 witnesses and marked 22 exhibits and 7 M.Os. After completion of the 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 the prosecution witnesses, which they flatly denied as false. Only one document has been marked on the side of the defence. The trial court, on consideration of the rival submissions made and scrutiny of the materials available, found A1 guilty under Section 304(1) IPC, while A2 to A4 were found guilty under Section 304(1) r/w 34 IPC and sentenced them to undergo imprisonment as stated above. Aggrieved appellants have brought forth this appeal.