M.THIRAMBAL Vs. STATE

JUDGEMENT

(1.) The appellant is arrayed as the first accused in SC.No.138/2011 on the file of the learned II Additional District and Sessions Judge, Erode. Totally there are three accused. A1 and A2 stood charged for the offence under section 302 Penal Code and A3 stood charged for the offence under section 302 read with 34 IPC. By judgment dated 07.09.2012, the Trial Court acquitted A2 and A3 and convicted A1 for the offence under section 302 Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 100.00, in default, to undergo rigorous imprisonment for six months. 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.) When the above incriminating materials were put to the accused under section 313 Crimial P.C. they denied the same as false. However, they did not chose to examine any witness nor marked any documents, on their side.