KATHIRVELU Vs. STATE

JUDGEMENT

(1.) [judgment of the court was delivered by] challenge is made to the judgment of the learned I Additional Sessions Judge, Salem made in SC. No. 211/2008 dated 04. 08. 2009 whereby the accused, three in number, stood charged, tried and found guilty and were awarded the punishments as follows:-Rank of the Accused conviction under section sentence Awarded A1 341 and 302 IPC 1]to undergo one month simple imprisonment for the offence u/s. 341 IPC. 2]to undergo life imprisonment and pay a fine of Rs. 10,000/- and in default to undergo one year rigorous imprisonment. A2 341 r/w 34 IPC and 302 IPC 1]to undergo one month simple imprisonment for the offence u/s. 341 read with 34 IPC. 2]to undergo life imprisonment and pay a fine of Rs. 10,000/- and in default to undergo one year rigorous imprisonment. A3 341 r/w 34 IPC and 302 IPC 1]to undergo one month simple imprisonment for the offence u/s. 341 read with 34 IPC. 2]to undergo life imprisonment and pay a fine of Rs. 5,000/- and in default to undergo one year rigorous imprisonment.

(2.) SHORT facts necessary for the disposal of the appeal can be stated as follows:-

(3.) WHEN the accused were questioned u/s. 313 Cr. P. C. , as to the incriminating circumstances found in the evidence of the prosecution witnesses against them, they denied them as false and no defence witness was examined and no documents were marked. Hearing the arguments advanced on either side and also considering the materials available, the trial court took a view that the prosecution has proved its case beyond reasonable doubt and thus, rendered the judgment of conviction and sentence as against the appellants as stated supra. As against the said conviction and sentence, the accused/appellatns [a1 to A3] have preferred the above appeal.