MANIKANDAN @ KALAPPAI MANI @ KARUPPU Vs. STATE

JUDGEMENT

(1.) The first accused in a case of murder in S.C. No. 611 of 2001 on the file of the learned First Additional District Sessions Judge-cum-Chief Judicial Magistrate, Madurai, who stood charged along with the other ranked as A-2 under Section 302 r/w Section 34 IPC, found guilty as per the charge and awarded life imprisonment, has challenged the judgment of conviction and sentence before this Court.

(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 marched 17 witnesses and relied on 22 exhibits and 6 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. The trial court, after hearing the arguments advanced on either side, found both the accused guilty under Section 302 r/w Section 34 IPC and awarded life imprisonment. Under these circumstances, the first accused has brought forth this criminal appeal before this Court.