S PANNEERSELVAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These two appeals have their matrix in a com mon judgment of a Division Bench of the Madras High Court disposing of three criminal appeals preferred under Section 374 of the Code of Criminal Procedure, 1973 (in short Cr.PC, against the judgment of the Principal Sessions Judge, Thanjavur in Sessions case No.65 of 1994 dated 13.5.1997. Five persons had faced trial for alleged commission of murder of one Arunbharathi @ Jynarab (hereinafter referred to as the deceased). They were convicted for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short IPC). So far as A1, A2 and A5 are concerned, each was sentenced to undergo imprisonment for life. A1, A2 and A5 were convicted for offence punishable under Section 348 IPC and sentenced to one year RI each. A1 was charged for commission of offence punishable under Section 201 IPC and sentenced to undergo one year RI and A2 and A5 were convicted for offence punishable under Section 201 read with Section 34 IPC and each was sentenced to undergo RI for life.

(2.) A1 was Head Constable, while A2 was a Constable, A3 was a Writer, and A4 was a Pere Constable. All of them were attached to Ammapet Police Station, and they were on duty on 14-12-1992 and 15-12-1992. A5 was a native of Udaiyur Kovil.

(3.) After the case was committed to the Court of Session charges were framed since the accused persons pleaded innocence they were put to trial. In order to sub stantiate the charges 14 witnesses were examined. On consideration of the material on record the Trial Court recorded the conviction and imposed sentences as afore said.