RAJA; PARAMASIVAM; ARIVALAGAN AND BALU @ BALASUBRAMANIAN Vs. STATE

JUDGEMENT

(1.) Challenging the judgment of the learned First Additional District and Sessions Judge, Thanjavur made in Spl.S.C. No. 14 of 2004, the appellants herein, who stood charged under Sections 302 r/w Section 34 and 506(2) IPC, tried and found guilty under Section 302 r/w Section 34 IPC and awarded life imprisonment each and to pay a fine of Rs. 10,000/-, in default to undergo two years RI and were not found guilty under Section 506(2) IPC, have brought forth this appeal before this Court.

(2.) The brief facts of the prosecution case 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 examined 16 witnesses and relied on 16 exhibits and 13 M.Os. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C. procedurally 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 and scrutinising the materials available, has found the accused/appellants guilty under Section 302 r/w Section 34 IPC and awarded punishment as referred to above and has acquitted them for the offence under Section 506(2) IPC. Hence, this appeal at the instance of the appellants before this Court.