BALASEKAR Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused in S.C.No.314 of 2002 on the file of the learned Additional District Sessions Judge, Madurai. They stood charged for the offence under Section 302 r/w 34 IPC. Totally, there were 4 accused in this case. Accused Nos.3 and 4 were juveniles at the time of commission of the crime. Therefore, they were dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The accused/appellants herein alone were tried in S.C.No.314 of 2002. By judgment dated 9.6.2004, the trial Court found the appellants guilty under Section 302 r/w 34 IPC and sentenced them to undergo imprisonment for life and each of them to pay a fine of Rs.5,000/ , in default, to undergo rigorous imprisonment for a period of six months. Challenging the said conviction and sentence, the appellants are before this Court with this appeal.

(2.) THE case of the prosecution in brief is as follows:

(3.) WHEN the above incriminating materials were put to the accused, they denied them as false. On their side two witnesses, namely, Dr. S.Kumar and Dr.Thulasiram were examined to speak about the injuries caused on the first accused. Exs.D1 to D5 were marked. Ex.D1 is the notice served on the first accused referring the case in crime No.74 of 2001. Ex.D2 is the petition filed seeking custody of the first accused. Ex.D3 is the wound certificate of the first accused. Ex.D5 is the treatment record. According to the accused, the deceased was the aggressor who came to the house of the accused with aruval and attacked the first accused and caused grievous hurt.