SINGH S/O Y JOHN GNANAMUTHU,; LENIN @ LENIN LAWRENCE S/O LAWRENCE AND KANNAN @ RAJ S/O THANKANADAR Vs. STATE

JUDGEMENT

(1.) This judgment shall govern these three appeals, namely Crl.A. Nos. 29 and 212 of 2004 and 419 of 2005. The first one is by accused No. 2, the second one is by accused No. 1 and the third one is by accused No. 3 in Sessions Case No. 222/2004 on the file of learned Sessions Judge, Kanyakumari Division at Nagercoil. These three appellants, along with three other, who were ranked as accused Nos. 4 to 6, stood charged, tried and found guilty by the trial court as under. Accused Nos. Charge Finding, conviction & Sentence Accused No. 1 Under Sections 148, 341 and Found guilty under Sections 148 302 IPC and 302 IPC, convicted thereunder and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 1000/-, in default to undergo six months rigorous imprisonment for the former offence and life imprisonment and also to pay a fine of Rs. 3000/-, in default to undergo three months rigorous imprisonment for the latter offence. However, he was acquitted of the charge under Section 341 IPC. Accused Nos. 2 Under Sections 148 and 302 Both the accused found guilty under and 3 read with Section 149 IPC Sections 148 and 304(i) IPC and each of them were sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 1000/- in default to undergo six months rigorous imprisonment for the former offence and nine years rigorous imprisonment and to pay a fine of Rs. 3000/-, in default to undergo two years rigorous imprisonment for the latter offence. Accused Nos. 4 Under Sections 147, 341 and Found not guilty and acquitted of to 6 302 read with Section 149 all the charges. IPC.

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

(3.) The case was committed to the Court of Session and necessary chargeas were framed. To substantiate the charges levelled against the accused, the prosecution marched 13 witnesses as P.Ws.1 to 13 and relied on 21 documents, marked as Exs.P-1 to P-21 as well as six material objects, marked as M.Os.1 to 6. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of the Criminal Procedure Code, procedurally as to the incriminating circumstances found in the evidence of the prosecution witnesses. The accused flatly denied them as false. No defence witness was examined. The trial court gave sufficient opportunity of being heard to both sides and after hearing the arguments advanced on either side and scrutinising the materials available, the trial court found accused Nos. 1 to 3, who are the appellants herein, guilty and sentenced them as referred to earlier and at the same time acquitted accused Nos. 4 to 6 from all the charges levelled against them. Aggrieved over the judgment of the trial court, the appellants have brought-forth these three appeals before this Court.