DEVENDRAN Vs. STATE

JUDGEMENT

(1.) The Criminal Appeal arises out of the judgment of conviction and sentence, dated 6.1.2003 in S.C. No. 22 of 2000 on the file of the Principal Assistant Sessions Court, Thiruvannamalai, whereby the appellants/A-1 to A-4 were convicted for the offence under Section 147 IPC and each sentenced to undergo two years' rigorous imprisonment and to pay a fine of Rs. 1,000/- each, in default, to undergo three months' simple imprisonment and they were also convicted for the offence under Section 306 IPC and each sentenced to undergo ten years rigorous imprisonment and to pay a fine of Rs. 5,000/- each, in default, to undergo one year simple imprisonment. The sentences imposed on the appellants/A-1 to A-4 were directed to run concurrently. During the course of trial, A-5 died and hence, the charges stood abated as far as A-5 was concerned.

(2.) The case of the prosecution is as follows:

(3.) The trial Court, after framing necessary charges, posed questions on the accused and the accused pleaded not guilty. During the course of trial, A-5 died and hence, the charges stood abated as far as A-5 was concerned. When the accused were questioned under Section 313 Cr.P.C., they denied the evidence incriminating against them and they have filed their statements. On the basis of the evidence of P. Ws. 1 to 3,7, 8 and 9, the trial Court came to the conclusion that there was a Panchayat and in that, A-1 to A-4 induced and incited the deceased Sankar alias Jaisankar to commit suicide and so, the appellants-accused are guilty of the offences under Sections 147 and 306 IPC. After considering the oral evidence of P. Ws. 1 to 15 and Exhibits P-1 to P-11, the trial Court has convicted and sentenced the appellants as indicated above.