JITHENDRA BEGRA; YUVARAJ Vs. STATE

JUDGEMENT

(1.) The appellant in Crl.A.No.86 of 2013 is the first accused and the appellant in Crl.A.No.184 of 2013 is the third accused in S.C.No.258/2004 on the file of the learned IV Additional Sessions Judge, Chennai and they stood charged and tried for the commission of offence under Section 307 r/w.34 IPC (4 counts). The appellant in Crl.A.No.87/2013, namely the second accused died on 28.01.2015 and therefore, the said appeal was dismissed as abated. The trial Court, vide impugned judgment dated 15.12.2012, found both the accused guilty and convicted them for the offence under Section 307 r/w. 34 IPC (4 counts) and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/- in default to undergo simple imprisonment for three months for each count for each of the accused. The trial Court further ordered that the sentences to run concurrently and granted set-off under Section 428 CrPC and out of fine amount of Rs.1,20,000/- imposed on the accused, a sum of Rs.1,00,000/- was ordered to be awarded as compensation to victim/PW1 after the expiry of appeal time.

(2.) Facts leading to the filing of these appeals are as follows:

(3.) When these two appeals were taken up for hearing, this Court found that deposition copy of the Investigating Officer was not available in the typed set of documents and accordingly, directed the Registry to furnish copies of the said deposition to the respective learned counsel appearing for the appellants/accused as well as the learned Additional Public Prosecutor.