VENGATESH ALIAS DHANASEGAR Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these three appeals namely C.A.No.156/2008 by A-3, A-12 and A-22, C.A.157/2008 by A-1, A-7 and A-8 and C.A.575/2008 by the State of Pondicherry and also Crl.R.C.No.1137 of 2008 by P.W.1.

(2.) THE appellants in CA 156 and 157/2008, six in number, along with 19 others stood charged, and on trial A-1, A-3, A-7, A-8, A-12 and A-22, the appellants herein, were found guilty as follows. A-21 absconded, and hence the case was split up in his regard in S.C.No.12/2006. TABLE

(3.) THE case was committed to Court of Session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 35 witnesses and also relied on 69 exhibits and 34 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Sec.313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses which they flatly denied as false. THE defence examined D.Ws.1 to 5 through whom Exs.D1 to D19 were marked. Ex.C1 was also marked by the Court. THE trial Court heard the arguments advanced on either side and took the view that the prosecution has proved the case beyond reasonable doubt in respect of A-1, A-3, A-7, A-8, A-12 and A-22, and hence found them guilty and awarded punishment as referred to above. Hence the above aggrieved appellants/accused have brought forth C.A.Nos.156 and 157 of 2008, while the State aggrieved over the part of order of acquittal has brought forth C.A.No,575 of 2008 and the revision by P.W.1 in Crl.R.C.No.1137 of 2008.