ANANDAN ALIAS ARUL SUSAIRAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional Sessions Division, Fast Track Court No. I, Chennai made in S. C. No. 508 of 2005, whereby these two appellants shown as A-1 and A-3 along with two others ranked as A-2 and A-4, stood charged as follows: a-1 and A-2 - Ss. 120 (b), 302, 404 and 201 IPC a-3 and A-4 - Ss. 120 (b), 302 r/w S. 34, 404 r/w 34 and 201 IPC on trial, A-1 and A-3 were found guilty under Section 120 (b) IPC and were sentenced to undergo two years R. I. They were also convicted under Section 302 IPC and were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/-, in default to undergo two months R. I. Further, they were convicted under Section 404 IPC and were sentenced to undergo three years R. I. each and to pay a fine of Rs. 1000/-, in default to undergo one month R. I. each. They were also found guilty under Section 201 IPC and were sentenced to undergo three years R. I. each and to pay a fine of Rs. 2000/- each, in default to undergo two months R. I. each. The accused Nos. 2 and 4 were acquitted of the charges levelled against them.

(2.) THE factual events, which are necessary for the disposal of this appeal could be stated thus:

(3.) THE case was committed to the court of Sessions and necessary charges were framed. In order to substantiate the charges leveled against the four accused, the prosecution marched 15 witnesses and also relied on 44 documents and also 19 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 has marked four documents as Exs. C. 1 to C. 4. After hearing the submissions made on either side, it has recorded an order of acquittal in respect of A-2 and A-4, but it has found A-1 and A-3 guilty, as stated above, and awarded punishments, as referred to above, which is the subject matter of challenge before this court.