SEKAR Vs. STATE

JUDGEMENT

(1.) THE appellants herein are the Accused Nos.1 to 4 in Sessions Case No.108 of 2007 on the file of the Sessions Judge, Nagapattinam and they have preferred this appeal challenging the conviction and sentence imposed on them by judgment dated 30.1.2009 in the case. For the sake of convenience, in this Judgment, the appellants will be referred to as A1 to A4.

(2.) CHARGES under Sections 341 and 506 (ii) IPC were framed against A1 Sekar, A2 Krishnamurthy, A3 Senthil and A4 Kittu alias Krishnamurthy charge under Section 302 IPC was framed against A1 to A3 and charge under Section 302 r/w 109 IPC was framed against A4 Kittu. The learned Sessions Judge found A1 to A4 guilty of the charge under Section 341 IPC and convicted and sentenced them to undergo one month Simple Imprisonment each found A1 to A3 guilty of the charge under Section 302 IPC and convicted and sentenced them to undergo Life Imprisonment each and to pay a fine of Rs.5000/- each, in default, to undergo Rigorous Imprisonment for six months each and found A4 Kittu alias Krishnamurthy guilty of the charge under Section 302 r/w 109 IPC and convicted and sentenced him to undergo Life Imprisonment and to pay a fine of Rs.5000/-, in default, to undergo Rigorous Imprisonment for six months and ordered the sentences to run concurrently and at the same time, the learned Sessions Judge found A1 to A4 not guilty of the charge under Section 506 (ii) IPC and acquitted them of that charge.

(3.) THE incriminating circumstances appearing against the accused were put to them during their examination under Section 313 CrPC and they denied complicity. No witness was examined and Ex.D1 was marked on their side.