JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in the Criminal Appeals filed the present applications under S. 389(1) of the Code of Criminal Procedure to suspend the execution of the sentence passed against them in Sessions Case No. 187 of 1999 on the file of the Court of Session, Kottayam. Forty accused persons were tried before the Court below for the offences punishable under Sections 120-B, 363, 365, 366(A), 368, 372, 373, 376, 376(2)(g) read with S. 109 and 34 of the Indian Penal Code. Accused No. 3 in the charge sheet (Dharmarajan) absconded while on bail and the case against him was split up. The case against Dharmarajan was separately tried as Sessions Case No. 241 of 2001.

(2.) The Trial Court acquitted accused Nos. 23, 26, 32 and 36. The case against accused No. 40 abated. The trial court convicted the rest of the accused in S.C. No. 187 of 1999 and they were sentenced to undergo imprisonment for terms ranging from four years to thirteen years and also fine. The trial court in S.C. No. 241 of 2001 found the accused (Dharmarajan) guilty and he was sentenced to undergo life imprisonment.

(3.) The details regarding the rank and name of the accused, conviction and sentence in S.C. No. 187 of 1999 (in respect of the applicants) are shown below: