RAJENDRA BABU ALIAS BABU Vs. STATE

JUDGEMENT

(1.) AS both appeals arise out of a common Judgment of the learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, Vellore District, dated 28.01.2005 in S.C.No.339 of 2002, they are taken up together for disposal by this common Judgment.

(2.) THE appellant in Crl.A.No.210 of 2005, who was tried as A1 was found guilty under Sections 302 and 506(ii) I.P.C. and for the offence under Section 302 I.P.C., he was sentenced to undergo life imprisonment and also to pay a fine of Rs.2000/-, in default to undergo rigorous imprisonment for six months. As the major punishment is imposed for the offence under Section 302 I.P.C., learned trial Judge has not imposed separate sentence for the offence under Section 506(ii) I.P.C.

(3.) BEFORE the learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, the prosecution has examined 21 witnesses, marked 22 Exhibits and produced 9 Material Objects. When the accused were questioned under Section 313 Cr.P.C. they have stated that the evidence is false. However, believing the case of the prosecution the learned Judge found both the accused guilty and sentenced them as stated earlier.