MANOHARAN; MALAR AND BAGAVATHI Vs. STATE

JUDGEMENT

(1.) The appellants, three in number, have brought forth this criminal appeal, challenging the judgment of the learned Additional District Sessions Judge, Fast Track Court-1, Thanjavur made in S.C. No. 115 of 2002, whereby the first accused stood charged and tried under Sections 449, 302 and 307 IPC, while the second and third accused stood charged and tried under Sections 302 r/w Section 109 and 307 r/w 114 IPC and A-1 was found guilty under Sections 449, 302 and 324 IPC and he was sentenced to undergo 5 years RI under Section 449 IPC, 3 years RI under Section 324 IPC and life imprisonment for the offence under Section 302 IPC and the second and third accused were found guilty under Section 302 r/w Section 109 IPC and they were sentenced to undergo life imprisonment and they were acquitted of the charge under Section 307 r/w Section 114 IPC.

(2.) The short facts necessary for the disposal of this appeal can be stated thus:

(3.) The case was committed to the court of sessions and necessary charges were framed. In order to substantiate the charges, the prosecution has examined 21 witnesses and relied on 20 exhibits and 8 M.Os. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C as to the incriminating circumstances found in the evidence of prosecution witnesses, which they flatly denied as false. No defence witness was examined. After hearing the arguments advanced on either side, the trial court found A-1 guilty under Sections 449, 302 and 324 IPC, while A-2 and A-3 were found guilty under Section 302 r/w Section 109 IPC and A-2 and A-3 were acquitted of the charge under Section 307 r/w Section 114 IPC and all the accused were sentenced to undergo imprisonment as referred to above. Hence, this criminal appeal has been brought forth.