RAJENDRAN Vs. STATE

JUDGEMENT

(1.) THE appellants, who are four in number and were accused in S. C. No. 191 of 1987 on the file of the Sessions Judge, South Arcot, have filed this criminal appeal, challenging the judgment of conviction dated 7. 9. 88.

(2.) ACCUSED No. 1 was tried for the offences under section 302 of Indian Penal Code for committing murder of Ali and under section 302 read with 34 of Indian Penal Code on two counts for sharing the common intention to commit the murder of Ali. He was also tried for an offence under section 201 of Indian Penal Code on three counts for causing the evidence to disappear so as to screen himself from the legal punishment of the murder of ali, Sekar and Nehru. He has been convicted under sections 302, 302 read with 34 (2 counts) of Indian Penal Code and sentenced to undergo imprisonment for life and also under section 201 (3 counts) Indian Penal Code and sentenced to under go R. I for 3 years on each account.

(3.) ON committal, the learned Sessions Judge examined 27 witnesses on behalf of the prosecution and got marked Ex. P1 to 35 and m. C. Nos. 51 to 52 were produced before the Court. Except marking Ex. D1, no witness was examined on behalf of the accused. The learned Sessions Judge, after concluding the trial and after examining the accused under Section 313 of criminal Procedure Code with regard to the incriminating circumstances against them, by judgment dated 7. 9. 88, convicted and sentenced them as mentioned above.