PANDIAN AND KUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Challenge is made to the judgment of the Sessions Division, Nilgiris at Udagamandalam made in S.C. No. 25 of 2007, whereby the accused/appellants stood charged under Sections 120(B) and 302 IPC and A-1 also stood charged under Section 404 IPC, tried and found guilty as per the charges and the first accused was sentenced to undergo imprisonment for life for each of the offences under Sections 120(B) and 302 IPC and one year R.I. with a fine of Rs. 1000/-, in default to undergo 3 months S.I. under Section 404 IPC and the second accused was also sentenced to undergo imprisonment for life for each of the offences under Sections 120(B) and 302 IPC.

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

(3.) The case was committed to the court of sessions and necessary charges were framed. The prosecution, in order to substantiate the charges levelled against the accused, examined 24 witnesses and also relied on 39 exhibits and 13 M.Os. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr.P.C. as to the incriminating circumstances found in the evidence of prosecution witnesses, which they flatly denied as false. No defence witness was examined. The trial court, after hearing the submissions made on either side and looking into the materials available, took the view that the prosecution has proved the case beyond reasonable doubt, found the accused/appellants guilty as per the charges and awarded punishments as referred to above. Hence this appeal has arisen at the instance of the appellants.