DAVID AROKIARAJ @ DASS Vs. STATE

JUDGEMENT

(1.) The appellant is the 1st accused in S.C. No. 160 of 2007 on the file of the learned Additional District and Sessions Judge, Fast Track Court No. 3, Thiruvallur. The 2nd accused was one Mrs. Mary Xavier. The trial court framed as many as four charges against the accused. The first charge was against the appellant/1st accused under Sec. 302 of IPC. The 2nd charge was against the 2nd accused under Sec. 302 read with 34 of IPC. The 3rd charge was against the 2nd accused under Sec. 302 read with 201 of Penal Code and the 4th charge was against the 2nd accused under Sec. 203 read with 34 of IPC. By judgment dated 14.07.2008, the trial court convicted both the accused. As far as the appellant/1st accused is concerned, the trial court convicted him under Sec. 302 of Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 50,000.00, in default, to undergo simple imprisonment for 4 months. The trial court also convicted him under Sec. 201 of Penal Code and sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000.00. The trial court convicted the 2nd accused under Sections 302, 201 and 203 Penal Code and imposed appropriate punishment. Challenging the said conviction and sentence, the appellant/A1 is 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 19 witnesses were examined and 25 documents and 41 material objects were also marked.