CHINNAPAZHAM Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the learned additional District Judge-cum-Chief Judicial magistrate, Tuticorin made in S. C. No. 233 of 1998, whereby these appellants/accused stood charged under Sections 14s and 302 read with 149 I. P. C arid on trial, all of them were found guilty as per the charges and awarded punishment as follows: a1 to A7 sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/-each, in default to undergo 3 months R. I. each under Section 302 r/w 149 IPC and also sentenced to undergo one year R. I. each under Section 148 IPC.

(2.) THE facts, shown of unnecessary details, require for the disposal of this appeal can be stated thus:-

(3.) THE case was committed to the court of sessions and necessary charges were trained, and the case was taken up for trial. In order to substantiate the charges, at the time of trial, the prosecution examined 18 witnesses and relied on 25 exhibits and 8 m. Os. On completion of the evidence on the side of the prosecution, the accused/ appellants were questioned under Section 313 cr. P. C. as to the incriminating circumstances found in the evidence of prosecution witnesses. They denied them as false. No witness was examined on the side of the defence. After hearing the arguments of the counsel and looking into the material available meticulously, the lower court took the view that the prosecution has proved the case beyond reasonable doubt against the accused and found them guilty and awarded the punishments as referred to above. Under these circumstances, this criminal appeal has arisen at the instance of the appellants/accused herein.