V DOSS Vs. STATE REP

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Principal Sessions Division, Chengalpattu made in S. C. No. 217 of 2005, whereby this appellant, who is shown as A-1 along with 6 others stood charged under Section 396 IPC and on trial, A-1 was found guilty of the charge and awarded life imprisonment and to pay a fine of Rs. 1000/-, in default to undergo one year R. I. A-2 to A-7 were acquitted of the said charge.

(2.) THE short facts necessary 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 levelled against the accused, the prosecution examined 13 witnesses and also relied on 34 exhibits and 7 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 arguments advanced and looking into the materials available, took the view that the prosecution has proved the case beyond reasonable doubt insofar as A-1 and has found him guilty and awarded punishment as referred to above and has acquitted A-2 to A-7 in respect of the charge. Hence this appeal has arisen at the instance of A-1.