SIVAKAMI Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the judgment of the Additional District and Sessions Division, Fast Track Court No. IV, Poonamallee made in S. C. No. 80 of 2006, dated 17. 10. 2006, whereby the appellant ranked as A-1 stood charged along with A-2 under Section 302 r/w S. 34 IPC and on trial, the appellant/a-1 was found guilty under Section 302 IPC and sentenced to undergo life imprisonment, while the second accused was acquitted. Hence this appeal at the instance of the first accused.

(2.) THE short facts necessary for the disposal of this appeal 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 10 witnesses and relied on 17 exhibits and 7 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 and scrutinizing the materials available, recorded a finding that the first accused has committed murder and has awarded punishment, while it has recorded an order of acquittal in respect of the second accused. Hence, this appeal at the instance of the first accused.