SETTAL MURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ACCUSED 1 to 3, who suffered conviction for the offence punishable under Section 302 r/w Section 34 of the Indian Penal Code, move the present appeal.

(2.) THE learned II Additional Sessions judge, Pondicherry, has returned a verdict of conviction as against A. 1 to A. 3 for the offence punishable under Section 302 r/w section 34 of the Indian Penal Code and sentenced them to undergo life imprisonment and to pay a fine of Rs. 5,000/ -. in default, to undergo simple imprisonment for six months each. The fourth accused was absconding.

(3.) THE charges as against these appellants/accused as well as the other accused, who faced the trial before the learned II Additional Sessions Judge, Pondicherry are that they formed an unlawful assembly in front of Hotel Mass at Maraimalai Adigal salai, Pondicherry at about 4. 45 p. m. on 7-6-2001 and thereby they committed an offence of rioting punishable under Section 147 of the Indian Penal Code; during the course of the said transaction, A. 1 to A. 5 were found with deadly weapons viz. steel knives and thereby they committed an offence punishable under Section 148 of the indian Penal Code; during the course of the same transaction, A. 1 to A. 5 due to previous enmity and in prosecution of common object stabbed Sagayam alias Sagayaraj on various parts of his body with steel knives to cause his death and thereby they committed an offence punishable under Section 302 r/w Section 149 of the Indian Penal Code.