FRANCIS Vs. STATE

JUDGEMENT

(1.) CHALLENGE is made to the Judgment of the learned Additional District and Sessions Judge, FTC-IV, Chennai made in SC. No. 334/2005 dated 06. 07. 2007 whereby the appellants along with A1[since deceased] and A9,a10 and A12 stood charged, tried and the appellants were found guilty for the offence u/s. 147,148,302 read with 120-B and 506[ii] IPC and on trial, they were found guilty of the charges and were awarded with punishments as follows:-Accused conviction sentence awarded a2 to A8 and A11 u/s. 147 and 148 IPC each of the accused were sentenced to undergo 2 years rigourous imprisonment and to pay a fine of Rs. 500/- each and in default to undergo three months simple imprisonment for the offence u/s. 147 and 148 IPC. A2 to A8 and A11 u/s. 506[ii] IPC each of the accused to undergo 7 years rigorous imprisonment and to pay a fine of Rs. 1,000/- each and in default to undergo three months simple imprisonment for the offence u/s. 506[ii] IPC. A2 to A8 and A11 u/s. 302 r/w 120-B IPC each of the accused were sentenced to undergo life imprisonment and to pay a fine of Rs. 1,000/- each and in default to undergo three months simple imprisonment for the offence u/s. 302 r/w 120-B IPC. The trial Judge ordered the sentences to run concurrently. After framing of the charge and before commencement of the trial, A1 died and hence, the charge as against A1 stood abated. Insofar as A8,a9 and A12, the court recorded an order of acquittal.

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

(3.) WHEN the accused were questioned u/s. 313 Cr. P. C. , as to the incriminating circumstances found in the evidence of the prosecution against them, they denied them as false and D. Ws. 1 and 2 were examined and Exs. D. 1 and 2 were marked. Hearing the arguments advanced on either side and also considering the incriminating materials against the accused, the trial court took a view that the prosecution has proved its case beyond reasonable doubt against the appellants/accused except A8,a9 and A12 and thus, rendered the judgment of conviction and sentence as stated supra. As against the said conviction and sentence, the appellants/accused have preferred the above appeal.