CHINA @ CHINNASAMY Vs. STATE

JUDGEMENT

(1.) The appellant in Crl. A. No. 79 of 2017 is the first accused and the appellant in Crl. A. No. 116 of 2017 is the second accused in S.C. No. 77 of 2015 on the file of the learned III Additional District and Sessions Judge, Gobichettipalayam. The first accused stood charged for offence under Sec. 302 I.P.C. and the second accused stood charged for the offence under Sec. 302 r/w 34 I.P.C. By judgment dated 23.11.2016, the trial Court convicted both the accused and sentenced the first accused to undergo imprisonment for life and to pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for six months for the offence under Sec. 302 I.P.C. The second accused was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00 in default to undergo simple imprisonment for six months for the offence under Sec. 302 r/w 34 I.P.C. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

(2.) The case of the prosecution in brief is as follows:

(3.) When the above incriminating materials were put to the accused under Sec. 313 Crimial P.C. they denied the same as false. However they did not choose to examine anyone nor mark any documents. Their defence was a total denial. Having considered all the above, the trial Court convicted them as detailed in the first paragraph of this judgment and that is how the appellants are before this Court with these appeals.