RAMESH ALIAS RAMESH BABU Vs. STATE REP

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Additional district and Sessions Division, Fast Track Court No. 1, Coimbatore made in S. C. No. 184 of 2006, whereby these two appellants along with the third accused stood charged as follows: a-1 and A-2 - Sections 302 r/w S. 34 IPC and 506 (ii) (2 counts) IPC. A-3 - Section 201 IPC. On trial, A-1 and A-2 were found guilty under Section 302 r/w S. 34 IPC and sentenced to undergo life imprisonment each and to pay a fine of Rs. 1000/- each, in default to undergo 3 months S. I. each, and A-1 and A-2 were found not guilty under Section 506 (ii) IPC and A-3 was also found not guilty under Section 201 IPC and they were acquitted of the said charges.

(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 levelled against the accused, the prosecution examined 22 witnesses and also relied on 28 exhibits and 19 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 on either side and looking into the materials available, took the view that the prosecution has proved the case beyond reasonable doubt and found A-1 and A-2 guilty as stated above and awarded imprisonment as referred to above and it has recorded an order of acquittal of A-3. Hence this appeal has arisen at the instance of the appellants.