SARKARARI ALIAS MUTHUSAMY ALIAS SEKAR Vs. STATE

JUDGEMENT

(1.) BOTH the revisions could be disposed of in this common order, as the petitioners in these Revisions are the accused in a single case.

(2.) SARKARAI alias Muthusamy alias Sekar, who is arrayed as A-3 and Mohana Sundaram, who is arrayed as A-4 in S.C.No.41 of 1995 on the file of Additional Assistant Sessions Judge, Erode, were convicted for the offence under Sec.395 read with 397 of I.P.C. and sentenced to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.1,000 each, in default to undergo simple imprisonment for 3 months. In the Appeal as well in C.A.Nos. 130 of 1996 and 52 of 1997 on the file of I Additional District Judge-cum-Chief Judicial Magistrate, Erode, the said conviction and sentence were confirmed. As against these judgments, the present revisions have been filed by the petitioners.

(3.) MR.Uthirasamy, the counsel appearing for the petitioners, challenging the above said conviction and sentence in this revision would press into service the following contentions: