C.RAJMOHAN Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is filed to set aside the judgment dated 01.12.2011 made in SC.No.341 of 2010 on the file of the Additional District and Sessions Judge, Fast Track Court No.I, Salem.

(2.) The case of the prosecution is as follows :- 2. The respondent/police registered a case against the appellants in Cr.No.1324 of 2009 for the offences under Sections 341, 364 and 302r/w.34 (2 counts) IPC. The respondent police after conducting investigation laid charge sheet before the Judicial Magistrate No.V, Salem, the learned Judicial Magistrate after taking up the charge sheet in PRC.No.10 of 2010 and after completing the formalities, since the offences are triable by the Court of Sessions, committed the case to the learned Principal District and Sessions Judge, Salem. The learned Principal District and Sessions Judge, Salem after completing the formalities taken up the case on file in SC.No.34 of 2010 and made over the same to the Additional District and Sessions Judge, Fast Track Court No.I, Salem. The learned Additional District and Sessions Judge, Fast Track Court No.I, Salem after receiving the case bundle and after completing the formalities framed the charges against all the appellants for the offences under Sections 341, 364 and 302r/w.34 (2 counts) IPC. During trial in order to prove the case of the prosecution on the side of the prosecution as many as 18 witnesses were examined and 26 documents were marked. After completing the prosecution witnesses incriminating circumstances culled out from the prosecution witnesses put before the appellants, the appellants denied as false. On the side of the defence no oral evidence was let in and three documents were marked.

(3.) After completing the trial, the learned Sessions Judge after hearing the arguments on either side and after considering the oral and documentary evidence produced on either side came to the conclusion that the appellants have committed the offence and convicted the appellants 1 to 3 for the offences under Section 341, 304 part I r/w.34 (2 counts) IPC and sentenced them to undergo simple imprisonment for one month each on each counts for the offence under Section 341 IPC and Rigorous imprisonment for ten years each on each count u/s.304 Part I r/w.34 (2 counts) IPC and to pay a fine of Rs.1000/- each on each counts in default to pay a fine to undergo Rigorous imprisonment for one year each on each counts and found not guilty for the offence under Section 364 IPC. The 4th accused found not guilty for the offences under Sections 341, 364, and 302 r/w.34 (2 counts) IPC.