BHASKAR Vs. STATE

JUDGEMENT

(1.) THE appellants, four in number, have challenged the judgment of the Principal Sessions Division, Virudhunagar District at Srivilliputhur, in S.C.No.59 of 2004 whereby these appellants ranked as A-1 to A-4 respectively, along with two others ranked as A-5 and A-6, stood charged and tried as follows:

(2.) ON trial, A-1 to A-4 were found guilty by the trial Court under Sections 352 and 302 read with 34 of I.P.C. and were awarded life imprisonment along with a fine of Rs.1,000/- and default sentence and 3 months Simple Imprisonment respectively. A-1 to A-4 were acquitted of the other charges, while A-5 and A-6 were acquitted of all the charges.

(3.) ADVANCING his arguments on behalf of the appellants, the learned Senior Counsel would submit that as far as the case was concerned, according to the prosecution, only there were two eyewitnesses; that those two witnesses are none else than the cousin brothers of the deceased, and thus, they are interested witnesses; that according to them, when the occurrence has taken place at about 8.00 P.M., the deceased went to the house of P.W.3 and had a torch light, with which she proceeded to attend the nature's call; that at that time, it is highly doubtful whether P.Ws.1 and 2 could have seen the occurrence at all; that even P.Ws.1 and 2 have categorically deposed that it was A-3 who snatched the torch light from the deceased and attacked her on the mouth and also on the backside; but, no corresponding injuries are found in the postmortem certificate; that apart from that, the postmortem Doctor has categorically admitted that no such injuries were noticed; and that this would be indicative of the fact that P.Ws.1 and 2 could not have seen the occurrence at all.