MURUGAN Vs. STATE

JUDGEMENT

(1.) THE appellants in Crl.A.Nos.594 of 2012 and 528/2012 are accused 1 and 2 respectively on the file of XIX Additional Sessions Court at Chennai. The first accused/appellant in Crl.A.No.594/12 is convicted for the offence under Sections 489-B and 489-C of I.P.C and he is sentenced to undergo 7 years rigorous imprisonment for each offence and also to pay a fine of Rs.1000/- for each offence and in default to undergo simple imprisonment for a period of three months. The second accused/appellant in Crl.A.No.528/12 is convicted for offences under Sections 489-A, 489-D of I.P.C and he is sentenced to undergo 10 years rigorous imprisonment and to pay a fine of Rs.1000/- and in default to undergo three months simple imprisonment for each offence and further he is convicted under Section 489-C of I.P.C and sentenced to undergo 7 years rigorous imprisonment and also to pay a fine of Rs.1000/- and in default to undergo simple imprisonment for a period of three months. These sentences of imprisonment were ordered to run concurrently.

(2.) TOTALLY , there were four accused in this case. A3 and A4 were acquitted by the trial Court. A1 and A2 were convicted by the trial Court. Challenging the said conviction and sentence, the accused 1 and 2 have preferred the above said criminal appeals.

(3.) LEARNED counsel appearing for the appellant/first accused submitted that for the alleged seizure of M.Os.1 and 2 series from the first accused, no independent witness has been examined and no mahazar was prepared by P.W.1. P.W.1 did not attempt to procure any independent witnesses though the place was busy. Learned counsel further submitted that though charge against the accused was only under Section 489-B r/w 511 of I.P.C, the trial Court erroneously convicted him under Section 489-B of I.P.C. There is absolutely no material evidence to attract the ingredients of the offence under Section 489-B I.P.C.