MUTHU Vs. STATE

JUDGEMENT

(1.) This judgment shall govern both these appeals namely Crl.A.Nos.373 and 374 of 2009 whereby A-1, A-2 and A-4 to A-8 in S.C.No.132 of 2008 and also A-2 in S.C.No.285 of 2008 have challenged a judgment of the Additional Sessions Division, Fast Track Court No.III, Madurai, whereby they along with A-10 stood charged as follows: ACCUSED CHARGES A-1 to A-6 & A-10 148 of IPC A-1 to A-6 302 of IPC A-10 302 read with 149 IPC A-7 & A-8 302 read with 109 IPC A-1 to A-9 120(B) IPC

(2.) On trial, A-1 to A-6 were found guilty under Sections 148 and 302 of IPC and were sentenced to undergo three years Rigorous Imprisonment under Sec.148 of IPC and to undergo life imprisonment under Sec.302 of IPC, while A-7, A-8 and A- 10 were acquitted of all the charges levelled against them. A-1 to A-6 were acquitted of the charge under Sec.120(B) IPC. The revision case has been brought forth by the de-facto complainant challenging that part of order of acquittal.

(3.) The short facts necessary for the disposal of these appeals and the revision case can be stated thus: