S RAMESH Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C.No.53 of 2008, on the file of the learned First Additional District and Sessions Judge, [PCR Cases], Thanjavur. He stood charged for the offence punishable under Section 302 of the Indian Penal Code and Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. By Judgment dated 24.10.2008, the Trial Court has acquitted the appellant from the charge under Section 3(ii)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but convicted him under Section 302 of the Indian Penal Code. For the offence under Section 302 of the Indian Penal Code, the Trial Court has sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for three years. As against the said conviction and sentence, the appellant has come up with this Criminal Appeal.

(2.) The respondent originally filed final report against two accused, viz., the appellant herein and one Mr.T.Sengodan, S/o.Thangarasu. The appellant herein was arrayed as the first accused and Mr.T.Sengodan was arrayed as the second accused. On committal of the said case to the Trial Court, the trial against both the accused was conducted jointly in S.C.No.53 of 2008. But, before the commencement of the examination of the witnesses, the second accused - Mr.T.Sengodan absconded. Therefore, the case against him was split up separately and tried in S.C.No.63 of 2008. In the present case in S.C.No.53 of 2008, the trial went on against the appellant alone, in which 20 witnesses were examined, 17 documents and 10 material objects were marked.

(3.) When the trial of this case was in progress, the second accused - Mr.T.Sengodan was secured. Therefore, the case against him in S.C.No.63 of 2008 was also tried by the same Judge simultaneously. The records revealed that in the said case in S.C.No.63 of 2008, 15 witnesses were examined, 13 documents and 9 material objects were marked. Some witnesses examined in the present case in S.C.No.53 of 2008 were omitted to be examined in S.C.No.63 of 2008. Similarly, some documents and some material objects were also omitted to be marked. There were many common witnesses, more particularly, the eye- witnesses. Finally, by Judgment dated 24.10.2008, the Trial Court has convicted the appellant, viz., the accused in S.C.No.53 of 2008 under Section 302 of the Indian Penal Code. That is how, the appellant is now before this Court with this Criminal Appeal. So far as S.C.No.63 of 2008 is concerned, the Trial Court delivered Judgment on the same day and acquitted Mr.T.Sengodan, who was originally arrayed as the second accused in S.C.No.53 of 2008. The State has not preferred any appeal against the Judgment, dated 24.10.2008, made in S.C.No.63 of 2008 and thus, the acquittal of the accused - Mr.T.Sengodan has become final. Thus, what is now before this Division Bench is only the appeal filled against the conviction of the appellant, who faced the trial in S.C.No.53 of 2008.