VASU Vs. STATE

JUDGEMENT

(1.) C .A. No. 715 of 1991 is by Accused Nos. 2 and 3 and C.A. No. 532 of 1992 is by Accused No. 1 in Sessions Case No. 137 of 1991 on the file of the IX -Additional Sessions Judge, Chennai. The Appellants in C.A. No. 715 of 1991 and the Appellant in C.A. No. 532 of 1992 before us will be referred as A.2, A.3 and A.1 respectively.

(2.) A .1 to A.3 were charged under Section 341 of I.P.C. by alleging that at about 9.30 p.m. on 14.5.1990 they prevented the deceased Dayalan from moving in any direction. The first accused was charged under Charge No. 2 for the offence under Section 506(2) of I.P.C., and the allegation against him is that he threatened the witnesses by showing them a knife. The third charge was framed against the first accused under Section 302 I.P.C. and against A.2 and A.3 under Section 302 read with 34 of I.P.C. The learned Sessions Judge on the evidence adduced, both oral and documentary, accepted the prosecution version and convicted A.1 to A3 under Section 341 of I.P.C. and sentenced them to suffer simple imprisonment for a period of one month. The first accused was also convicted under Section 506(2) of I.P.C. and sentenced to undergo rigorous imprisonment for a period of six months. Under charge No. 3, each of the accused were convicted and sentenced to undergo life imprisonment. Each accused was also directed to pay a sum of Rs. 2500/ - as fine and in default directed to undergo rigorous imprisonment for a period of six months. The sessions court also directed the accused to undergo the imprisonment concurrently.

(3.) BE that as it may, the facts which are necessary for the disposal of the above appeals are briefly this: