STATE Vs. SAIT ALIAS KRISHNAKUMAR

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court directing acquittal of the respondent. The Trial Court, i.e. the Court of Sessions, Coimbatore had found the respondent guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC ). It is to be noted that four persons, including the respondent were tried for offences punishable under Section 302 read with Section 34 IPC, Section 392 IPC and Section 392 read with Section 397 IPC. The present respondent, i.e. A-1 was tried for offences punishable under Section 392 read with Section 397 IPC and A-2 to A-4 were tried for offences punishable under Section 392 IPC. The learned Sessions Judge found the respondent guilty of offences punishable under Section 302 as well as for offences punishable under Section 392 read with Section 397 IPC and sentenced him to undergo imprisonment for life and seven years rigorous imprisonment for the latter offence. The High Court found the evidence to be not cogent and credible and directed acquittal.

(3.) Prosecution version primarily rested on the evidence of PWs 1 to 3 and PW-8. The trial court placed reliance on the evidence of such witnesses and directed conviction, as recorded above.