E KUMAR ALIAS VEMBADIAN Vs. STATE

JUDGEMENT

(1.) Challenge is made to the Judgment of the Sessions Division, Tirunelveli, dated 28.8.2007 made in S.C. No. 25 of 2007 whereby the appellant herein was ranked as A.1, along with three others ranked as A.2 to A.4, stood charged under Sections 341, 302 r/w 34 and 506 (2) of the IPC and A.2 to A.4 stood charged under Sections 341 and 302 r/w 34 IPC. On trial, A.1, who is the appellant herein, was found guilty as per the charges and awarded life imprisonment and fine of Rs. 10,000/- with a default sentence of two years rigorous imprisonment under Section 302 IPC; one month rigorous imprisonment and fine of Rs. 500/- with a default sentence of 15 days rigorous imprisonment under Section 341 IPC and one year rigorous imprisonment and fine of Rs. 1,000/- with a default sentence of six months rigorous imprisonment under Section 506(2) IPC. The sentences are directed to run concurrently. A.2 to A.4 were convicted under Section 341 IPC and awarded each one month rigorous imprisonment and fine of Rs. 500/- in default to undergo 15 days rigorous imprisonment and they were acquitted of the charges under Section 302 IPC r/w 34 of the I.P.C.,.

(2.) The short facts that are necessary for the disposal of this appeal can be stated thus:

(3.) In order to substantiate the charges levelled against the accused, the prosecution examined 13 witnesses and relied on 17 Exhibits and 10 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. They denied them as false. Neither defence witness was examined nor document 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 has proved its case insofar as A.1 and found him guilty of the charges levelled against him and awarded imprisonment as stated above and insofar as, A.2 to A.4, they were found guilty only under Section 341 IPC and they were acquitted of the charge under Section 302 r/w 34 of the I.P.C.,. Hence, the appeal at the instance of the first accused/appellant.