SHANMUGAVELU Vs. STATE

JUDGEMENT

(1.) THE appellants were convicted by the III Additional Sessions Judge, Tirunelveli to undergo imprisonment for life for offences under section 302 IPC read with Section 334 IPC and to pay a fine of Rs. 8,000/- each, in default to undergo two years rigorous imprisonment and for offences under section 404 IPC read with Section 34 IPC to undergo one year rigorous imprisonment and to pay a fine of Rs. 1,000/-, in default to undergo Six months rigorous imprisonment. Aggrieved over the said judgment and conviction the appellants preferred this appeal.

(2.) THE brief facts of the prosecution case are as follows:-

(3.) BEFORE the trial court, P. Ws 1 to 25 were examined on behalf of the prosecution and Exs. P. 1 to P. 23 and M. Os 1 to 24 were marked. On behalf of the accused no witness was examined and no document was produced. When the accused were questioned under Section 313 Cr. P. C with regard to the incriminating circumstances appearing in the evidence of the prosecution witnesses, all the accused denied the same as false and not known. A. 3 has also filed a written statement wherein he has mentioned that the Police took custody of his wife and gave her Rs. 2000/= for expenses and threatened her to induce him to give a confession before the Magistrate and due to the inducement and out of fear that the Police may implicate his wife in a false case, he has made the false confession before the Judicial Magistrate.