SIVA Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of learned Additional District and Sessions Judge, Fast Track Court II, Coimbatore dated 15.5.2007 passed in S.C. No. 146 of 2006, convicting the appellant and another for offences under Sections 379 and 302 IPC and sentencing him to undergo three years rigorous imprisonment and fine of Rs. 500/-, in default, six months simple imprisonment for offence under Section 379 IPC and to life imprisonment and fine of Rs. 5,000/-, in default, three years simple imprisonment for offence under Section 302 IPC. The appellant is the second accused. The appeal of the first accused in Cri. A. No. 1072 of 2007 was dismissed under judgment dated 10.7.2008. The case of the prosecution is as follows:

(2.) To substantiate its case, the prosecution examined 12 witnesses and marked 23 exhibits besides marking M.Os. 1 to 5. On questioning under Section 313 Cr.P.C., the accused denied the charges. None were examined on behalf of the appellant/accused nor were any exhibits marked.

(3.) Learned trial Judge, on consideration and appreciation of the evidence adduced by the prosecution, found both accused guilty, convicted and sentenced them as stated above. Hence, the present appeal by the second accused.