VADAVELI ALIAS VADIVELU Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals in c. A. No. 206/2005 by A-1 to A-3 and in C. A. No. 208/2005 by A-4 and A-5.

(2.) THE appellants in both these appeals stood charged and tried for the following offences: I. A-1 to A-3 - under Sec. 148 of I. P. C. II. A-4 and A-5 - under Sec. 147 of I. P. C. III. A-1 to A-5 - under Sec. 302 read with 34 of I. P. C.

(3.) THE case was committed to Court of Session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 14 witnesses and also relied on 19 exhibits and 7 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec. 313 of Cr. P. C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. On the side of the defence one Veerayee was examined as d. W. 1; but no documents were marked. THE trial Court heard the arguments advanced on either side, and on scrutiny of the materials available, took the view that the prosecution has proved the case beyond reasonable doubt. THE trial Court entered a judgment of conviction and imposed the punishment referred to above. Hence, these two appeals at the instance of the appellants.