RAKKIAPPAN Vs. STATE

JUDGEMENT

(1.) THIS appeal has arisen from the judgment of the I Additional Sessions Division cum Chief Judicial Magistrate, Erode, made in S. C. No. 192 of 1997 whereby the appellants four in number, stood charged, tried and found guilty as follows: <FRM>JUDGEMENT_562_TLMAD0_2009Html1.htm</FRM>

(2.) ON being found guilty as per the charges and awarded punishment as referred to above, the accused preferred an appeal in C. A. No. 281 of 1998. A Division bench of this Court by a judgment dated 25. 4. 2002, set aside the judgment of the court of Session and recorded an order of acquittal. Aggrieved over the same, the State preferred Criminal Appeal No. 140 of 2003 before the Apex Court. The apex Court after hearing the appeal, set aside the judgment of the Division bench and remitted the matter to this Court to consider the appeal afresh and decide whether the evidence of P. W. 2 was sufficient to fasten the guilt of the accused persons as projected by the prosecution. Thus the appeal has come up before this Court for consideration afresh.

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