STATE OF TAMIL NADU Vs. AMMASI ALIAS WILLIAM

JUDGEMENT

(1.) This appeal is directed by the State of Tamil Nadu as against the respondent by name Ammasi alias William challenging the acquittal of this respondent of the offence under S. 302 IPC.

(2.) It transpires from the records that before the trial court this respondent was arrayed as accused No. 3 and that he, along with five others was charged under S. 147, 449, 302, 302 read with 149 and 323 Indian Penal Code on the allegation that on 27/02/1977 at about 8.30 p. m. atmelakurumbanai they all formed themselves into an unlawful assembly and in prosecution of the common object of the said assembly they committed house-breaking by entering the house of Vasthian, the deceased herein and murdered the deceased, and that in the course of the same transaction the accused Nos. 3 and 6 caused hurt to the witness Rosammal an A 5 to There samma. The trial court convicted all the accused inclusive of this respondent, in that this respondent was convicted under sections 147, 449, 302, 323 Indian Penal Code and sentenced to imprisonment for life for the offence under S. 302 and to various terms of imprisonment for the other offence.

(3.) On an appeal preferred by the respondent, the High court acquitted the respondent of the offence under S. 302 Indian Penal Code while retaining the convictions and sentences for the other offences. According to the prosecution, this respondent gave a beating on the head of the deceased which resulted in the death of the deceased subsequently.