ANNADURAI Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges the judgment of the Court of I Additional Sessions Division, Salem made in S. C. No. 39 of 2005, whereby the appellants three in number before this court along with three others stood charged as follows:

(2.) THE factual scenario, which led the investigation to bring forth the said sessions case 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 16 witnesses and relied on 36 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. After hearing the arguments advanced and scrutinizing the materials available, the trial court took the view that the prosecution has proved the case only against A-1 to A-3 in respect of the charges mentioned above and has awarded punishments as referred to above and it has acquitted A-4 to A-6 in respect of the charges levelled against them. Hence this appeal has been preferred at the instance of the appellants herein.