BABU Vs. STATE

JUDGEMENT

(1.) THIS appeal challenges a judgment of the Additional Sessions Division, Fast Track Court No.II, Coimbatore, made in S.C.No.227(A) of 2005 whereby the appellant/A-1 stood charged along with five others and on trial, found guilty and awarded punishment as follows: ACCUSED CHARGES FINDING PUNISHMENT A-1 to A-5 120(B) r/w 364, 392, 302 IPC Not guilty Acquitted A-1 to A-3 364 IPC Not guilty Acquitted A-2 A-1 & A-3 392 IPC 392 r/w 397 IPC A-2 Not guilty A-1 guilty A-3 not guilty 7 years Rigorous Imprisonment along with a fine of Rs.10000/- and default sentence A-2 & A-3 acquitted A-1 & A-3 A-2 302 IPC 302 r/w 34 IPC A-1 guilty A-2 & A-3 not guilty Life imprisonment along with a fine of Rs.10000/- and default sentence A-2 & A-3 acquitted A-1 to A-3 201 IPC A-1 guilty A-2 & A-3 not guilty 3 years Rigorous Imprisonment along with a fine of Rs.5000/- and default sentence A-2 & A-3 acquitted A-4 & A-5 302, 364, 392, 302 r/w 109 IPC Not guilty Acquitted

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

(3.) ADDED further the learned Counsel that as far as the evidence of P.W.5, hotelwala, was concerned, at the time of cross-examination, he has categorically stated that he saw four persons, but not A-1 and that under the circumstances, the evidence of P.W.5 cannot be accepted.