MUTHUSAMY Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal arises from the conviction and sentence imposed by the learned Sessions Judge, West Thanjavur at Thanjavur, in S.C. No. 59/86 for the offence under Sec. 304 Part II Indian Penal Code and Sec. 4 read with Sec. 26(A) of the Indian Arms Act, to undergo rigorous imprisonment for 5 years of the first offence and one year rigorous imprisonment for the next offence.

(2.) The case of the prosecution is as follows:

(3.) The Appellant was questioned under Sec. 313 Code of Criminal Procedure to explain the incriminating circumstances found against him in the evidence of the prosecution witnesses. He denied his complicity in the offence. The learned Sessions Judge, after scrutinising the evidence, acquitted the accused 1 and 3 and convicted this Appellant alone for the above mentioned offences in the manner stated above.