KOZHI Vs. STATE

JUDGEMENT

(1.) THE appellants, 9 in number, were accused 1 to 9 respectively in Sessions Case No. 86 of 1988 on the file of I Additional Sessions Judge, Tirunelveli, and hereinafter they will be referred to as A1 to A9 respectively for the sake of convenience.

(2.) UNDER charge No. 1, all the accused were charged under Section 148 IPC and the learned Sessions Judge convicted and sentenced each of them to undergo rigorous imprisonment for a period of one year. Under charge No. 2, A1 was charged under Section 302 IPC for causing the death of Punamalai Muthammal, who hereinafter will be referred to as the first deceased (D1) in the case, and the learned Sessions Judge convicted and sentenced him to imprisonment for life. Under charge No. 3, A2 and A3 were charged under Section 302 IPC with the aid of Section 34 IPC for sharing the common intention of A1 in causing the death of D1 and each of them was sentenced to imprisonment for life. Under charge No. 4. A4 to A9 were charged under Section 302 r/w 149 IPC for sharing the common object of the unlawful assembly in causing the death of D1 and each of them was sentenced to imprisonment for life. Under charge No. 5, A8 was charged under Section 302 IPC simpliciter and the allegation against him is that he caused the death of Dhanuskodi, who hereinafter will be referred to as the second deceased (D2), and the learned Sessions Judge convicted and sentenced him to imprisonment for life under the said charge. Charge No. 6 is against A4 and A5 under Section 302 r/w 34 IPC for sharing the common intention of A8 as framed under charge No. 5 and the learned Sessions Judge convicted and sentenced each of them to imprisonment for life under the said charge..

(3.) THE case of the prosecution, as could be discerned from the oral and the documentary evidence, can be briefly summarised as follows: