THANGARAJ Vs. STATE

JUDGEMENT

(1.) The sole appellant challenges the judgment of the I Additional District and Sessions Division (PCR Court), Tiruchirapalli made in S.C. No. 191 of 2006, whereby the appellant herein, who was shown as A-1, along with two others ranked as A-2 and A-3, stood charged under Sections 341 and 302 r/w Section 34 IPC. On trial, A-1 was found guilty under Section 302 r/w Section 34 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/-, in default to undergo one month R.I. The second accused was found guilty under Section 326 IPC and was sentenced to undergo 6 months RI and to pay a fine of Rs. 1000/-, in default to undergo one month R.I. The third accused was found guilty under Section 324 IPC and was sentenced to undergo three months RI and to pay a fine of Rs. 1000/-, in default to undergo one month RI. The accused were acquitted of the charge under Section 341 IPC. Hence, this appeal has arisen at the instance of the appellant herein/first accused.

(2.) The short facts 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, the prosecution examined 14 witnesses and also relied on 22 exhibits and 6 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, after hearing the submissions made on both sides and looking into the materials available, took the view that the prosecution has proved the case beyond reasonable doubt and has found the accused guilty as stated above and awarded punishments as referred to above. Hence, the first accused has brought forth this appeal before this Court.