GOPU Vs. STATE

JUDGEMENT

(1.) THIS judgment shall cover two appeals - Criminal appeals No.488 and 875 of 2004. While the former one is filed by the fifth accused, the latter is brought forth by the second accused in sessions case No.568 of 2000 on the file of the VII Additional Sessions Judge, Chennai.

(2.) THESE two appellants, along with three others, who were ranked as accused 1, 3 and 4, stood charged, tried by the Sessions Judge for the offences punishable under sections 148, 302 read with 34, 201 read with 302 of the Indian Penal Code. On completion of the trial, these appellants (A2 and A5) alone were found guilty and were awarded rigorous imprisonment for two years for the offence under section 148, IPC life imprisonment along with a fine of Rs.500/- carrying a default sentence of rigorous imprisonment for three months for the offence under section 302 read with 34, IPC and rigorous imprisonment for five years for the offence under section 201 read with 302, IPC, while the others (A1, A3 and A4) were acquitted of all the charges. Hence, the present appeals by accused 2 and 5. The appellants and the acquitted accused will, hereinafter be referred to as accused 1 to 5, as they were referred before the trial Court.

(3.) ADDED further the learned counsel that the medical evidence did not corroborate the confession statement, as according to the extra judicial confession of the second accused alleged to have been given to P.W.2, he, along with other accused, indiscriminately attacked the deceased, but only one injury on the skull is found and thus the extra judicial confession is not to be believed, not only for the above reason, but also for the reason that it contains number of discrepancies and there are no materials to substantiate the same. Hence the lower Court should have rejected the case outright and acquitted the appellants also as it had acquitted A1, A3 and A4.