MARIMUTHU (A1) Vs. STATE REP BY INSPECTOR OF POLICE, OMALUR POLICE STATION, SALEM DISTRICT (CR. NO. 74 OF 2010)

JUDGEMENT

(1.) The appellants are accused 1 to 3 in S.C.No.203 of 2011 on the file of the learned III Additional District and Sessions Judge, Salem. The trial Court framed charges against the above stated three accused as detailed below: <IMG>JUDGEMENT_228_LAWS(MAD)7_2016.jpg</IMG> By judgment dated 24.10.2013, the trial Court convicted and sentenced these appellants/accused 1 to 3 for various offences as detailed below: <IMG>JUDGEMENT_228_LAWS(MAD)7_20161.jpg</IMG> Challenging the said conviction and sentence, the appellants are before this Court 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 Sec. 313 Crimial P.C. they denied the same as false. On their side, they examined three witnesses as D.Ws.1 to 3 and marked 8 documents. D.W.1 is the employer of the second accused. He has stated that on 17.01.2010, the second accused had come to his company. Ex.D1 is the attendance register which show that the second accused was on duty on 17.01.2010 throughout the daytime. Ex.D2 and D4 are the other records maintained in the company which also reveal that the second accused was on duty in the company. Thus, the second accused has pleaded alibi.