PANDIYAN Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two appeals in C.A.No.986/2007 by A-2 and A-3 and C.A.No.1073/2007 by A-1.

(2.) IN these appeals, challenge is made to a judgment of the I Additional Sessions Division, Krishnagiri, made in S.C.No.242 of 2005 whereby the appellants herein stood charged under Sec.302 read with 34 of IPC, and on trial, they were found guilty as per the charge and awarded life imprisonment along with a fine of Rs.1000/- and default sentence.

(3.) ADVANCING arguments on behalf of the appellants in C.A.No.986 of 2007, the learned Senior Counsel Mr.Shanmughasundaram would submit that in the instant case, the prosecution has miserably failed to prove its case that despite the same, the learned trial Judge has taken an erroneous view that according to the prosecution, the occurrence has taken place at 9.00 P.M. on 13.9.1995 in front of the Industries, and at that time, A-2 and A-3 caught hold of the deceased, while A-1 stabbed him to death that even as per the prosecution case, first of all, he was treated by the Doctor attached to the Government Hospital, Hosur but, no documents have been marked which would clearly be indicative of the fact that had those documents been produced, the same would go against the prosecution that under the circumstances, it was nothing but false that a perusal of Exs.D1 and D2 would clearly indicate that the persons who were actually involved in the occurrence were unknown persons and that under the circumstances, the accusation made against the appellants, are unfounded.