ESWARAN; CHANDRASEKARAN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 5 in S.C.No.41 of 2010 on the file of the Additional Sessions Judge, Fast Track Court, Virudhunagar. Including these appellants, altogether, there were eight accused. The trial Court framed as many as four charges. The first charge was against all the eight accused under Section 148 IPC. The 2nd charge was against all the eight accused under Section 294(b) IPC. The 3rd charge was against all the eight accused under Section 341 IPC and the 4th charge was against all the eight accused under Section 302 read with 149 IPC. By judgment dated 19.10.2010, the trial Court acquitted all the other accused from all the charges except the appellants herein. The trial Court acquitted the appellants from the charges under Sections 148, 294(b) and 341 IPC, but convicted them under Section 302 read with 149 IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1,000/- each, in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

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

(3.) When the above incriminating materials were put to the accused under Section 313 Cr.P.C., they denied the same as false. On their side, they examined one witness, by name, Thangavel. He has stated that on the crucial date, P.W.4 was in the factory and she was not in her house.