GANGADARAN Vs. STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.220 of 2005 on the file of the learned Additional Sessions Judge, Fast Track Court No.II, Salem. There was yet another accused, namely, Mubarak Ali, who was arrayed as the third accused. The appellants/accused 1 and 2 stood charged for an offence under Section 302 of IPC whereas the 3rd accused stood charged for an offence under Section 302 read with 34 of IPC. Further, the first accused stood charged for an offence under Section 380 of IPC whereas the accused 2 and 3 stood charged for an offence under Section 380 read with 34 of IPC. By judgment dated 12.10.2010, the trial court convicted the accused 1 and 2 for the offence under Section 302 of IPC and sentenced the accused 1 and 2/appellants 1 and 2 to undergo imprisonment for life and to pay a fine of Rs.100/-, in default, to undergo rigorous imprisonment for 3 months. The trial court convicted the 3rd accused under Section 302 read with 34 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.100/-, in default, to undergo rigorous imprisonment for 3 months. For the offence under Section 380 of IPC, the trial court sentenced the 1st appellant/1st accused to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.100/- in default, to undergo rigorous imprisonment for 3 months. The trial court convicted the accused 2 and 3 under Section 380 read with 34 of IPC and sentenced them to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.100/-, in default, to undergo rigorous imprisonment for 3 months. Challenging the said conviction and sentence, the appellants 1 and 2/Accused 1 and 2 are before this Court with this appeal.

(2.) The case of the prosecution in brief, is as follows:-

(3.) Based on the above materials, the Trial Court framed charges as detailed in the first paragraph of the Judgment. The accused denied the same. In order to prove the case, on the side of the prosecution, as many as 30 witnesses were examined and 32 documents and 15 material objects were also marked.