P MUTHUKUMAR Vs. STATE

JUDGEMENT

(1.) THE appellants 1 and 2 herein are P. Muthukumar/accused No. 1 and P. Aathiraj/accused No. 2, who stood charged for offences punishable under Sections 302 r/w Section 34 IPC and 506 (2) IPC before the learned Additional District Sessions Judge -cum- Fast Track Court No. II, Tirunelveli in Sessions case No. 99 of 2002. They were convicted for the offence punishable under Section 302 r/w Section 34 IPC and sentenced to undergo imprisonment for life, to pay a fine of Rs. 2,500/- each and, in default of payment of fine, to undergo a further period of rigorous imprisonment for one year by the trial Court in its judgement dated 14. 11. 2005. Hence they have brought forth this Criminal Appeal under Section 374 of the Criminal Procedure Code.

(2.) THE case of the prosecution, in brief, can be stated thus:

(3.) ON completion of evidence on the side of the prosecution, the accused (appellants herein) was questioned under Section 313 Cr. P. C as to the incriminating circumstances found in the evidence adduced on the side of the prosecution. They denied them as false. No witness was examined on the side of the accused. The certified copy of the Judgement of the Judicial Magistrate, Shencottai in S. T. C. No. 829 of 2001 was marked as Ex. D. 1 on the side of the appellants/accused.