LAWS(MAD)-2004-6-22

THAMBU ALIAS SUTHAS Vs. STATE

Decided On June 22, 2004
THAMBU @ SUTHAS Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellants/A-1 and A-2, who stood charged, tried and found guilty under Sections 120(b), 449, 302 read with 34 and 392 read with 34 of I.P.C. and awarded a punishment of 6 months Rigorous Imprisonment for the offence under Sec.449 I.P.C., life imprisonment for the offence under Sec.302 read with 34 I.P.C. and 3 years Rigorous Imprisonment for the offence under Sec.392 read with 34 I.P.C., have preferred this appeal. No separate sentence was awarded by the trial Court in respect of the offence under Sec.120(b) I.P.C..

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

(3.) In order to prove the case, the prosecution has marched 30 witnesses and relied on 72 exhibits and 43 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec.313 of the Code of Criminal Procedure as to the incriminating circumstances found in the evidence. On the side of the accused, one Madhan was examined as D.W.1, and Exs.D1 and D2 were marked. The trial Court on hearing the rival submissions made and scrutiny of the materials, has taken the view that the charges levelled against the accused were proved beyond reasonable doubt, found them guilty and awarded the punishments referred to above.