RAJKUMAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the Principal Sessions Division, Villupuram, made in S.C.No.122 of 2007 whereby the A-1 to A-7, the appellants herein, stood charged, tried, found guilty and awarded punishment as referred to infra: ACCUSED - CHARGES - FINDING - PUNISHMENT. A-3 to A-7 - 147 IPC - Guilty - 1 year RI with a fine of Rs.1000/- and default sentence. A-1 & A-2 - 148 IPC - Guilty - 1 year RI with a fine of Rs.1000/- and default sentence. A-1 - 302 IPC - Guilty - Life imprisonment with a fine of Rs.5000/- and default sentence. A-2 - 324 IPC - Guilty - 1 year RI with a fine of Rs.1000/- and default sentence. A-3, A-4 & A-6 - 323 IPC - Guilty - 6 months SI with a fine of Rs.1000/- and default sentence. A-5 - 325 IPC - Guilty - 2 years RI with a fine of Rs.1000/- and default sentence. A-7 - 506(2) IPC - Guilty - 1 year SI with a fine of Rs.1000/- and default sentence. A-2 to A-7 - 302 r/w 149 IPC - Guilty - Life imprisonment with a fine of Rs.5000/- and default sentence.

(2.) SHORT facts necessary for the disposal of this appeal can be stated as follows:

(3.) ADDED further the learned Counsel that according to the prosecution, at the time of occurrence it was A-1 who attacked the deceased on his head, and except A-1 nobody has attacked the deceased that A-2 and A-3 attacked P.W.1 and A-4 to A-6 attacked P.W.2 that the witnesses examined were P.Ws.1 to 6 as eyewitnesses, out of whom P.W.4 turned hostile that it is an admitted position P.Ws.1 to 3 and P.Ws.5 and 6 are closely related to each other and hence their evidence was to be scrutinized carefully and that if done it should have been rejected for the reason that they were filled with all discrepancies possible on the material particulars.