THENNASI Vs. STATE REP

JUDGEMENT

(1.) THIS appeal challenges the Judgment of the Additional District Sessions Division, Fast Track Court, Namakkal, made in S. C. No. 4 of 2004 dated 25. 07. 2006, whereby the accused/appellants 1 and 2 along with 4 others stood charged under Sections 148, 341, 302 r/w 34 IPC. Originally, trial was conducted only in respect of these two accused/appellants since A1, A3 and A6 died pending the trial and in so far as A2, the case was split up. On trial, both the accused/appellants are found guilty under Sections 148, 341, 302 r/w 34 of the Penal Code and awarded the punishment as detailed below:-Conviction and sentence to each of the appellants: s. 341 IPC - 6 months RI, a fine of Rs. 1000/-, in default to undergo 1 month SI. S. 302 r/w 34 IPC- life imprisonment, a fine amount of Rs. 10,000/-, in default to undergo 3 months SI s. 148 IPC - 6 months RI, a fine amount of Rs. 1000/- in default to undergo 1 month SI all the sentences should run concurrently.

(2.) THE short facts necessary for the disposal of the Criminal Appeal can be stated thus:

(3.) THE case was committed to the Court of Sessions and necessary charges were framed. Pending trial, A1, A3 and A6 died, A2 was absconding and therefore, the Court proceeded against A4 and A5. On trial, in order to substantiate the charges levelled against the accused, prosecution examined 12 witnesses and also relied on 18 documents and 11 material objects. On completion of evidence on the side of the prosecution, the accused were questioned under Section 313 Cr. P. C. and they denied them as false. No defence witness was examined. After hearing the submissions made on either side and also on scrutiny of the material available, the trial Court took a view that the prosecution has proved the case beyond reasonable doubt and found them guilty under Sections 302 , 341 and 148 IPC and awarded the punishment referred to above. The fourth and fifth accused preferred an appeal, which is taken up for consideration.