KALIYAPPAN Vs. STATE

JUDGEMENT

(1.) Appellants are the accused in the case tried in SC.No.5/2016 on the file of the III Additional District and Sessions Judge, Tirupattur for offences under sections 147, 148 and 302 IPC. The Trial Court, under impugned Judgment dated 11.12.2017, found the accused guilty and convicted and sentenced them as follows:

(2.) The brief facts of the prosecution case, are as follows:-

(3.) The accused was put on trial. In order to establish the case, the prosecution examined P.Ws.1 to 20 and marked Exs.P.1 to 26 and M.Os.1 to 7. After the examination of prosecution witnesses the accused were questioned under Section 313 Cr.P.C. with regard to the incriminating circumstances for which they denied the complicity. No witness was examined and no documentary evidence was marked on the side of the appellants/accused. The Trial Court, after analyzing the evidence on record, convicted the first accused under sections 302 and 148 IPC and sentenced him for life imprisonment and a fine of Rs.5,000/-, in default, 3 months simple imprisonment for the offence under section 302 of IPC; imposed fine of Rs.1000/- in default to undergo one month simple imprisonment for the offence under section 148 IPC; and the accused 2 to 5 are found guilty under section 147 of IPC and imposed fine of Rs.500/- each in default to undergo one month simple imprisonment each.Aggrieved over the same the present appeal came to be filed. The prosecution has not filed any appeal challenging the finding of the trial court not convicting A2 to A5 with aid of Section 149 I.P.C.