AMIRTHARAJ; RAJA MOHAMMED Vs. STATE

JUDGEMENT

(1.) This memorandum of criminal appeal is directed against the Judgment dated 21.02.2008, made in the Sessions Case in S.C.No.34 of 2005, on the file of the learned Principal Sessions Judge, Virudhunagar District at Srivilliputturi.

(2.) The trial Court found the first appellant/first accused guilty under Sections 302, 392 r/w 397 and 201 I.P.C., and convicted and sentenced him to undergo life imprisonment with a fine of Rs.1,000/- for the offence under Section 302 I.P.C. with default sentence and sentenced him to under go seven years Rigorous Imprisonment and to pay a fine of Rs.1,000/- for the offence under Section 392 r/w 397 I.P.C. with default clause and sentenced him to under go three years Rigorous Imprisonment and to pay a fine of Rs.500/- for the offence under under Section 201 I.P.C. with default sentence. The second appellant/ second accused was found guilty under Sections 302 read with 114, 392 read with 397 and 201 I.P.C. and sentenced him to undergo life imprisonment with a fine of Rs.1,000/- for the offence under Sections 302 r/w 114 I.P.C. with default sentence and sentencing him to undergo seven years Rigorous Imprisonment with a fine of Rs.1,000/- for the offence under Section 392 r/w 397 I.P.C. and sentenced to undergo three years Rigorous Imprisonment with a fine of Rs.500/- for the offence under Section 201 I.P.C. with default sentence.

(3.) The entire case of the prosecution hinges only on circumstantial evidence.