LOGANATHAN Vs. STATE

JUDGEMENT

(1.) THE first accused in S. C. No. 299 of 2001 on the file of first Additional Sessions Judge, cum Chief Judicial Magistrate, Coimbatore has preferred the present appeal. THE learned First Additional Sessions Judge cum Chief Judicial Magistrate, Coimbatore has convicted the first accused, who is the appellant herein and also the second accused for offences under Sections 120 (b), 364, 302, 392 r/w 397 and 201 IPC. THE learned I Additional Sessions Judge cum Chief Judicial Magistrate, Coimbatore has sentenced the appellant to undergo five years Rigorous Imprisonment and to pay a fine of Rs. 5,000/- for the offence under Section 120 (b) and in default, to undergo three months Rigorous imprisonment; to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs. 5,000/-and in default, to undergo three months Rigorous Imprisonment for the offence under Section 364; to undergo Life Imprisonment and to pay a fine of Rs. 5,000/-and in default, to undergo three months Rigorous Imprisonment for the offence under Section 302; to undergo 10 months imprisonment and to pay a fine of rs. 5,000/- and in default, to undergo three months Rigorous Imprisonment for the offence under Section 392 r/w 397 IPC ; and also to undergo three years Rigorous Imprisonment each and to pay a fine of rs. 5,000/- and in default, to undergo three months Rigorous Imprisonment for the offence under Section 201 IPC. THE sentences were ordered to run concurrently.

(2.) THE prosecution has examined as many as 28 witnesses and marked 30 documents and 19 material objects to establish their case. No oral or documentary evidence was let in on the side of the appellant herein.

(3.) THE learned counsel appearing for the first accused would submit that there is no evidence to show that the first accused served in Gajendr a Corporation as driver. THEre is no legal evidence to establish the case of the prosecution, he would further contend. THE prosecution has relied upon the weak links in the chain of circumstances to prove its case, he would lastly submit.