SEENU Vs. STATE

JUDGEMENT

(1.) The appellant is the third accused in Crime No. 140 of 2004, in S.C. No. 223 of 2007 on the file of the learned I Additional Sessions Judge(Protection of Civil Rights), Thanjavur. The Lower Court, by judgment dated 01.12.2008, convicted him and sentenced him to undergo Life Imprisonment and also imposed fine of Rs. 5,000/- and, in default, to undergo three years Simple Imprisonment for the offence under Section 302 r/w 34 I.P.C and the accused Nos. 1 and 2 and Accused Nos. 4 to 7 are acquitted from all charges and the accused Nos. 1 and 4 are set at liberty and the accused No. 2 and accused Nos. 5 to 7 are set at liberty, if their custody is not required in any other case. Further, the cases with regard to the other accused Raja Sekeran and the other accused Karthik @ Pallu Karthi have been split up. Challenging the said judgment passed in S.C. No. 223 of 2007, the appellant/accused No. 3 in Crime No. 140 of 2004 in S.C. No. 223 of 2007 is before this Court with this present appeal and he has been enlarged on bail as per the order of this Court dated 16.02.2010.

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

(3.) On completion of the evidences on the side of the prosecution, the accused have been questioned under Section 313 Cr.P.C., as to the incriminating circumstances mentioned in the evidences of prosecution witnesses and he has stated that he is an innocent and he is not involved in the case.