S K LODH Vs. STATE

JUDGEMENT

(1.) AGGRIEVED over the judgment of the Principal Sessions Division, Ooty, made in S.C.No.41/03, whereby A-1 was charged under Section 307 IPC and A-2 was charged under Section 307 read with 34 IPC at the end of trial, and on being found guilty the appellants were sentenced to life imprisonment. Hence, the appellants have brought forth this appeal.

(2.) THE short facts necessary for the disposal of this appeal could be stated thus :-

(3.) P.W.13, continuing with his investigation, gave a requisition for conducting test identification parade. Consequent upon the requisition given by the investigating officer, test identification parade was conducted in which P.W.2 identified the accused. The material objects recovered were forwarded to the court with a requisition to send the same for chemical analysis and, accordingly, they were sent and the relevant certificates were obtained and placed before the court. On completion of the investigation, the investigating officer filed the final report against the accused, the case was committed to the Court of Sessions, necessary charges were framed and the case was tried by the trial court. In order to substantiate the charges, the prosecution examined thirteen witnesses and relied on twenty exhibits and ten material objects. After the evidence on the side of the prosecution was over, the court questioned the accused under Section 313 Cr.P.C. on the incriminating circumstances appearing against them. They denied all the circumstances as false. No defence witness was examined. After hearing the arguments advanced by the counsel on either side and on scrutiny of the materials, the court was of the opinion that the prosecution has proved the case against both the accused and found that it is a case of attempt to murder and, therefore, must be viewed seriously, and, therefore, imposed the punishment of life sentence, which is being challenged in this appeal.