MARIADASAN VARUVEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is an appeal under Section 2 of the Enlargement of Supreme Court (Appellate) Jurisdiction Act, by the Appellant Mariadasan who was accused No. 2 in the trial Court. The other four accused persons, namely A1 (Varuvel), A3 (Ambrose), A4 (Prakasan) and A5 (Maria Sebasthiyan), have filed a petition for special leave against the order of conviction and sentence recorded by the High Court. The trial Court acquitted the accused of all the charges namely Sections 302/149, 307/149, 148, 147 etc.The State filed an appeal before the High Court which reversed the judgment of the trial Court and convicted Maridasan, Accused No. 2, under S. 302 to imprisonment for life, under S 324/149 to 3 years R:I., under Section 148, also to three years' R.I. (sentences to run concurrently).

(2.) So far as the other accused were concerned the High Court convicted accused No. 1 under Section 324 to three years' R.I. and to the same sentence under Section 148; Accused No. 3, under Sec. 324/149 to three years' R. I. Accused No. 4 was also covicted similarly. A 5 was convicted under Section 147 to two years' R.I. and under S. 324/149 to 3 years. The Special Leave Petition filed by Accused Nos. 1, 3, 4 and 5 were ordered to be heard along with this appeal and we hereby grant special leave so that the applications for A1, A3, A4 and A5 may be disposed of also by this judgment.

(3.) We have heard the counsel for the parties and have also gone through the judgment of the trial Court and the High Court. Mr. B. P. Singh, with his usual fairness, brevity and ingenuity has frankly conceded that in the state of evidence it is not possible for him to press the case of accused No. 1 and so far as the accused No. 2 was concerned he argued that conviction under Sec. 302 was wrong as his case squarely falls under Section 304, part I or Part II of I.P.C.