RAJESH Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these three appeals, namely Criminal Appeal Nos.912, 950 and 1053 of 2006. The first one is filed by A-2, the second one is filed by A-3 and the third one is filed by A-1.

(2.) ALL these appeals have arisen from the judgment of the Additional District Sessions Division, Fast Track Court No.II, Kancheepuram made in S.C.No.100 of 2006, whereby these appellants stood charged as follows:A-1 to A-3 - S.302 r/w S.34 IPCA-3 - S.201 IPCA-1 and A-2 - S.201 r/w S.34 IPCOn trial, all the three accused were found guilty under Section 302 r/w S.34 IPC and were sentenced to undergo life imprisonment each and also to pay a fine of Rs.1000/- each, in default to undergo 6 months S.I. and they were acquitted of the other charge levelled against them.

(3.) ADVANCING arguments on behalf of the appellants, the learned counsel would submit that the case of the prosecution is that the husband of P.W.1, namely Sankar, was done to death in an incident that took place at about 1.30 a.m. on 16.7.2005 at New Street and all the three accused/appellants were involved in the crime that in order to substantiate their involvement, the prosecution had no eyewitness at all that it rested its case on circumstantial evidence that the circumstances relied on by the prosecution were two that firstly, the statement of P.W.10, the tea shopwala that according to him, he has last seen all the accused in the company of the deceased and that secondly, the recovery of M.O.5, Cycle Rickshaw break rod from A-1 pursuant to the confessional statement and also M.O.6, Auto rickshaw from A-3 pursuant to the confessional statement.