BALA ALIAS BALAKRISHNAN Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court No. III, Coimbatore, made in S. C. No. 83 of 2008 whereby the appellants two in number, stood charged, tried and found guilty as follows:<FRM>JUDGEMENT_1193_TLMAD0_2009Html1.htm</FRM>

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

(3.) THE case was committed to Court of Session, and necessary charges were framed. In order to substantiate the charges, the prosecution examined 17 witnesses and also relied on 22 exhibits and 20 material objects. On completion of 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. No defence witness was examined. The trial Court heard the arguments advanced and took the view that the prosecution has proved its case beyond reasonable doubt and hence found them guilty and awarded the punishment as referred to above, but ordered an order of acquittal in respect of the charge for criminal conspiracy. Under the circumstances, this appeal has arisen before this Court.