MANI Vs. STATE

JUDGEMENT

(1.) .

(2.) THREE persons were tried in S.C.No.205/2003 on the file of the First Additional Court of Sessions, Dharmapuri at Krishnagiri under section 302 read with section 34 I.P.C. At the end of the trial, the learned trial Judge acquitted A3 but found A1 and A2 alone guilty under that section and sentenced each one of them to undergo imprisonment for life together with a fine of Rs.1,000/-, carrying a default sentence. Hence the convicted accused are before this court in this appeal. Heard Mr.Abudu Kumar Rajarathinam learned counsel appearing for the appellants and Mr.C.T.Selvam learned Additional Public Prosecutor appearing for the State.

(3.) P.W.11 sent a requisition to the court to subject the viscera for chemical examination. P.W.7 is the Magisterial Clerk, who speaks about the receipt of Ex.P.7 (requisition) to subject the viscera for chemical examination. As an enclosure to Ex.P.8 (court's letter), the viscera was sent to the laboratory. P.W.11 examined further witnesses by recording their statements. After completing all the legal formalities, he filed the final report in court against the accused on 24.10.2001 under section 302 read with section 34 I.P.C. When the accused were questioned under section 313 of the Code of Criminal Procedure on the basis of the incriminating materials made available against them, they denied each and every circumstance put up against them as false and contrary to facts. As noted earlier, neither oral nor documentary evidence was brought before court at their instance.