KARUPPAN Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Additional District and Sessions Division, Fast Track Court No. 1, Erode made in S. C. No. 155 of 2004, whereby the first appellant stood charged under Section 302 IPC (2 counts) and the second appellant stood charges under Sections 307 and 302 IPC (2 counts), tried and found guilty as follows: a-1 and A-2 - 302 IPC (2 counts) - Life imprisonment each for each counts and to pay a fine of Rs. 1000/- for each counts, in default to undergo 6 months R. I. A-2 - 326 IPC - 5 years R. I. and to pay a fine of Rs. 1000/-, in default to undergo 6 months R. I. The sentences were to run concurrently.

(2.) THE necessary facts for the disposal of this appeal 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 examined 18 witnesses and marked 27 exhibits and 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 and no defence witness was examined. The trial court, after hearing the arguments advanced and looking into the materials available, took the view that both the accused were guilty of murder on two counts and A-2 was also found guilty under Section 326 IPC and awarded punishments as referred to above. Hence this appeal at the instance of the appellants.