SAROJA AND ORS. Vs. THE STATE

JUDGEMENT

(1.) The appellants are the accused in S.C. No. 123 of 2006, on the file of the learned Assistant Sessions Judge cum Chief Judicial Magistrate, Theni. They stood charged for the offence punishable under Section 306 of the Indian Penal Code. By Judgment dated 16.07.2007, the Trial Court convicted the appellants under Section 306 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 50,000/- each in default to undergo rigorous imprisonment for five months. Challenging the said conviction and sentence, the appellants have come up with this Criminal Appeal. The case of the prosecution, in brief, is as follows:--

(2.) Based on the above materials, the Trial Court framed appropriate charge as detailed in the first paragraph of this Judgment. When the accused was questioned in respect of the charges, he pleaded innocence. In order to prove the charges, the prosecution examined as many as 11 witnesses and 10 documents were exhibited. When the Trial Court examined the accused under Section 313 of the Code of Criminal Procedure in respect of incriminating evidences available against them, they denied the same as false. However, they did not choose to examine any witnesses nor to exhibit any documents.

(3.) Having considered all the above materials, the Trial Court convicted the appellants, as detailed in the first paragraph of this Judgment and punished them accordingly. That is how, the appellants are now before this Court with this Criminal Appeal.