SELVAM Vs. STATE

JUDGEMENT

(1.) The appellant, who figured as accused No. 2 in S.C. No. 164 of 2001 on the file of the Additional Sessions Judge cum Chief Judicial Magistrate, Thiruvannamalai was prosecuted along with two other persons, namely Saravanan (A1) and Palani (A3) for alleged offences punishable under Sections 364, 382, 302 and 468 IPC. At the conclusion of trial, the trial Court found Al and A3 not guilty of any one of the offences with which they stood charged and acquitted them completely. However, the trial Court found the appellant (A2) guilty of an offence punishable under Section 411 IPC, a lesser offence than the one under Section 382 IPC with which he stood charged as per charge No. 1 and of an offence punishable under Section 468 IPC for which he stood charged as per charge No. 3 and sentenced him to undergo rigorous imprisonment for two years for the offence under Section 411 IPC and rigorous imprisonment for five years and to pay a fine of Rs. 30,000/- for the offence under Section 468 IPC with a default sentence of one year rigorous imprisonment in case of default in payment of fine. The learned trial judge also directed collection of the fine amount and payment of the same to P. W. 1 as compensation under Section 357(l)(b) of Cr.P.C. Challenging the conviction and sentence, the appellant (A2) has come forward with the present appeal under Section 374 Cr.P.C on various grounds set out in the appeal petition.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) The learned Judicial Magistrate, Arani took the final report on file as P.R.C. No. 19 of 2000 and after following the procedure, committed the accused for trial to the Principal Sessions Judge, Thiruvannamalai. The same was taken on file as S.C. No. 164 of 2001 in the Sessions division of Thiruvannamalai and made over to the Additional Sessions Judge cum Chief Judicial Magistrate, Thiruvannamalai by the Principal Sessions Judge, Thiruvannamalai for disposal according to law.