SUBBIAH AND OTHERS Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the IInd Additional Sessions Division, Thiruchirappalli dated 17.04.2000 made in S.C.No.4 of 2000, whereby the appellants/accused stood charged, tried and found guilty under Sections 302 read with 34, IPC and awarded imprisonment for life for each of them.

(2.) THE short facts that are necessary for the disposal of this appeal can be stated as follows:

(3.) IN order to substantiate the charges levelled against the appellants/accused, the prosecution marched 17 witnesses and relied on 18 Exhibits and 11 MOs. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313, Cr.P.C., on the incriminating circumstances found in the evidence of the prosecution witnesses, which was flatly denied by the accused/appellant as false. On the side of the defence, neither witness was examined nor exhibit was marked. The trial Court after hearing the arguments advanced by either side and on considering the materials available on record, took the view that the prosecution had proved the case beyond reasonable doubts and found the accused/appellant guilty of the charges and awarded life imprisonment, which is the subject -matter of the appeal before this Court. Advancing his arguments on behalf of the appellant, Mr. S.Subaharan, learned counsel appearing for the appellants, would submit as follows: -