SENBA @ SENBAGA SRIKUMAR Vs. STATE

JUDGEMENT

(1.) The appellant is the first accused in S.C.No.74 of 2012 on the file of the learned III Additional Sessions Judge at Puducherry. There were four other accused who were arrayed as accused 2 to 5. The trial Court framed charges against all the five accused for offences punishable under Section 302 r/w 34 I.P.C., Section 201 r/w 34 I.P.C. and Section 506(ii) r/w 34 I.P.C. By judgment dated 10.09.2015, the Trial Court convicted the accused 1 to 3 and 5 alone for offences under Section 302 r/w 34 I.P.C. and sentenced them to undergo imprisonment for life and pay a fine of Rs.1000/- in default to undergo rigorous imprisonment for one year. The trial Court acquitted the accused 1 to 3 and 5 from all the other charges. The 4th accused is still absconding and the case has been split up for separate trial. Challenging the said conviction and sentence the appellant / first accused alone has come up with this appeal.

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

(3.) When the above incriminating materials were put to the accused under Section 313 Cr.P.C., they denied the same as false. However, they did not choose to examine any witness nor mark any document on their side. There defence was a total denial. Having considered all the above, the trial Court convicted accused 1, 3 and 5 as detailed in the first paragraph of this judgment and that is how, the appellant / first accused alone is before this Court with this appeal.