BASKAR ALIS KANNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the conviction of the appellant for offence punishable under Section 304 Part II of the Indian Penal Code, 1860 (in short the 'IPC'). The accused persons are described as A-1, A-2 etc. as described by the Trial Court. A-1 by the impugned judgment of the High Court was held guilty of offence punishable under Section 302 IPC, while A-2 to A-7 including the present appellant were found guilty under Section 304 Part II, IPC and each was sentenced to undergo rigorous imprisonment for five years. A-3 to A-7 were found guilty of offence under Section 324 IPC and each was sentenced to under RI for two years. A-1 to A-7 were acquitted of the other charges leveled against them. A-9 and A-10 were acquitted of the charges levelled against them. Fifteen persons faced trial, out of whom the trial Court acquitted A-8, A-11 to A-15. By the impugned judgment, as noted above, the High Court directed acquittal of A-9 and A- 10.

(2.) The prosecution version as unfolded during trial is as follows:

(3.) In support of the appeal, learned Counsel for the appellant submitted that the High Court has erred in discarding the stand of the appellants before it. So far as the present appellant is concerned there was no specific role attributed to him. Therefore, his conviction as maintained by the High Court cannot be sustained.