LAWS(MAD)-2009-12-42

SHANMUGA SUNDARAM Vs. STATE

Decided On December 03, 2009
SHANMUGA SUNDARAM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Additional Sessions Division, Fast Track Court, Ariyalur, made in S. C. No. 22 of 2009 whereby the appellants ranked as A-1 and A-2 respectively, stood charged under Sec. 302 read with 34 IPC, tried, found guilty as per the charge and awarded life imprisonment with a fine of Rs. 1000/- and default sentence.

(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 charge was framed. In order to substantiate the charge, the prosecution examined 14 witnesses and also relied on 12 exhibits and 1 material object. 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. No defence witness was examined. But, the intimation given by the VAO, P. W. 6, was marked as Ex. D1 on their side. 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 as per the charge and awarded the punishment as referred to above. Hence this appeal at the instance of the appellants.