JAYARAJ Vs. STATE

JUDGEMENT

(1.) Challenging the judgment of conviction and sentence passed by the learned IV Additional District and Sessions Judge, Coimbatore dtd. 9/4/2018 in S.C. No.313 of 2012, the appellants have preferred these appeals. The appellants before this court are A3 and A2 respectively. Originally, a case was registered by the prosecution, more specifically by the Inspector of Police, B-6 Peelamedu Police Station, Coimbatore District in Crime No.1332 of 2011 as against the appellants herein and another person. After investigation was over, the respondent police filed a charge-sheet before the learned Judicial Magistrate No.6, Coimbatore, which was numbered as PRC No.16/2012. As the case is triable by the Court of Session, the same was committed to the Sessions Court and the same was taken on file by the IV Additional District and Sessions Judge as S.C. No.313 of 2012. During the pendency of the trial, the first accused absconded in participating in the trial and therefore, the case as against the first accused was split up and proceeded as against A2 and A3 herein.

(2.) To prove the case of the prosecution, the prosecution had examined 20 witnesses as PWs.1 to PW20 and marked 37 documents as Exts.P1 to P37 and as many as 33 material objects were produced as MOs.1 to MO.33. On the side of the defence, neither a witness was examined nor a document was produced to prove their case.

(3.) The brief facts are as follows: