PURSHOTHAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) With the assistance of Shri R. K. Garg, learned counsel for the appellant we have gone through the judgment of the High court as well as that of the learned Sessions Judge. The accused 1 to 4 have been convicted under S. 326/34 Indian Penal Code and appellants 5 to 7 (accused 7, 8 and 14) have been convicted under S. 147 and 148 Indian Penal Code and various other minor offences and sentenced to undergo rigorous imprisonment for varying terms depending upon the nature of the offence. The conviction of the appellants rests on the dying declaration Ex. P.-14 and the testimony of Public Witness 1 Manohar. The learned sessions Judge as well as the High court have given cogent reasons for accepting the dying declaration to be voluntary and the testimony of Public Witness 1 to be trustworthy and reliable. We find no reason to take a different view and the conviction, of the appellants for the various offences is therefore confirmed. However, we consider that in the facts and circumstances of the case, looking to the long lapse of time, it would meet -with the ends of justice if the sentence of appellants 1 to 4 is reduced from three years' to 18 months' rigorous imprisonment. The sentence awarded to the other accused calls for no interference. Subject to the above modification, the appeal is dismissed.

(2.) The bail bonds of the appellants stand discharged. The appellants shall be taken into custody forthwith to serve out the remaining part of their sentence.