MUTHUSELVAM Vs. STATE

JUDGEMENT

(1.) Challenge is made to a judgment of the Sessions Division, Thiruvarur, made in S.C. No. 47 of 2008 whereby both the appellants ranked as A-1 and A-2 respectively, stood charged, tried and found guilty as follows: Accused Charges Finding Punishment A-1 & A-2 120(B) IPC Not guilty Acquitted A-1 & A-2 450 IPC Not guilty Acquitted A-1 302 IPC Guilty under Section 302 read with 34 IPC Life imprisonment along with a fine of Rs. 15000/-and default sentence A-2 302 read with 34 IPC Guilty Life imprisonment along with a fine of Rs. 15000/-and default sentence

(2.) The short facts necessary for the disposal of this appeal can be stated as fallows:

(3.) The case was committed to Court of Session, and necessary charges were, framed. In order to substantiate the charges, the prosecution examined 13 witnesses and also relied on 14 exhibits and 11 material objects. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which they flatly denied as false. No defence witness was examined. The trial Court heard the arguments advanced on either side and took the view that the prosecution has proved the case beyond reasonable doubt and hence found them guilty under Section 302 read with 34 IPC and awarded life imprisonment. Hence this appeal at the instance of the appellants.