LAKSHMANAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the trial court against the 2nd accused u/s.302 I.P.C to undergo life imprisonment and also to pay a fine of Rs.1,000/- in default to undergo six months simple imprisonment u/s. 449 I.P.C to undergo life imprisonment and also to pay a sum of Rs.1000/- and in default to undergo six months simple imprisonment u/s. 395 I.P.C to undergo life imprisonment and to pay a fine of Rs.1,000/- in default to undergo six months simple imprisonment and u/s. 404 I.P.C to undergo three years rigorous imprisonment and to pay a fine of Rs.500/- in default to undergo three months simple imprisonment and the sentence imposed against the 2nd accused which are directed to run concurrently and the period undergone by the 2nd accused was ordered to be set off u/s. 428 Criminal Procedure Code.

(2.) THE case of the prosecution in brief would be as follows:- (a) On 13.12.1995 in between 10.15 a.m and 12.15 p.m the accused A1 to A5 including two more accused had assembled together to commit robbery in Door No,49, Araniarangam street and also with an intention to murder one Jansi Rani with the knife in order to take the golden jewels from her and accordingly they committed the murder of Jansi Rani and took away the gold jewels worn by her. Upon the complaint given regarding the incident, the respondent police had registered a case in Cr.No,974/1995 u/s. 302, 385 r/w. 397 and 447 I.P.C against A1 to A5 and also two other accused and filed the charge sheet before the 15th Metropolitan Magistrate. THE case was taken on file in C.C.No,375/2000 by the said court and the same was committed to the learned Principal Sessions Judge, Chennai and the same was taken on file in S.C.No,386/2004 and the case was made over to the VI Additional Sessions Judge, Chennai for disposal. (b) THE lower court had framed necessary charges against all the five accused available in this case and had proceeded to examine the witnesses. Learned trial judge had examined 26 witnesses, 53 documents and 50 material objects on the side of the prosecution.

(3.) THE trial court had proceeded to hear the arguments and recorded conviction and sentence against the appellant/A2 u/s. 302, 449, 395 and 404 to undergo punishment as aforesaid.