MUNIVEL Vs. TAMILNADU

JUDGEMENT

(1.) THESE two appeals arising out of the same judgment and involving common question of law and fact were taken up for hearing together and are being disposed of by this common judgment.

(2.) THE appellants herein, Munivel (original accused no.5), Kalith (original accused no.4), Selvam @ Silvakumar (original accused no.1), Sasi @ Sasikumar (original accused no.2) and Madhu @ Madhusudanan (original accused no.3) were convicted under Section 302 read with Section 149 of the Indian Penal Code ('IPC' for short) and sentenced to undergo rigorous imprisonment for life. Accused no.2 was also convicted under Section 307 IPC and sentenced to undergo ten years rigorous imprisonment. Accused no.3 was convicted for an offence under Section 302 IPC and sentenced to undergo life imprisonment. Accused no.4 was also convicted under Section 326 IPC and sentenced to undergo rigorous imprisonment for seven years. Accused no.5 was also convicted under Section 324 IPC and sentenced to undergo three years rigorous imprisonment. All the sentences were, however, directed to run concurrently. In an appeal preferred by the aforementioned accused persons, the High Court modified the judgment of the learned trial court in the following terms:

(3.) MR. A.T.M. Rangaramanujam, learned senior counsel and MR. P. Ramesh, learned counsel appearing on behalf of the appellants in these appeals, raised only two contentions before us - (i) having regard to the role played by them, they cannot be said to have committed an offence under Section 302 IPC read with Section 149 IPC; and (ii) no case has been made out even for convicting them for offences under Sections 326 IPC and 307 IPC respectively.