KOTHANDAPANI Vs. STATE

JUDGEMENT

(1.) The appellants are A-1 to A-4 in S.C. No. 240 of 1990 on the file of the Sessions Judge, South Arcot, Vallalar Division, Cuddalore. A-4 alone has been convicted for an offence under S. 302 and 324 IPC and has been sentenced to life imprisonment and six months imprisonment respectively, whereas A-1 to A-3 have been convicted only for an offence under S. 324, IPC and has been sentenced to pay a fine of Rs. 500/-, in default to undergo rigorous imprisonment for a period of three months imprisonment. Aggrieved by the same the present appeal has been preferred.

(2.) Crl. R.C. No. 737 of 1995 has been preferred by one Krishnamoorthy (PW. 1), son of the deceased against the acquittal of A-1 to A-3 of offence under S. 302, IPC and has also raised a ground that though these three respondents namely A-1 to A-3 has been convicted for an offence under S. 324, IPC, has been lightly let off with the sentence of Rs. 500/- fine, while A-4 has been awarded six months rigorous imprisonment for an offence under S. 324, IPC who also according to the learned counsel stands in the same footing.

(3.) The substance of the charge levelled against the accused are that on 25-11-89 at about 7.00 a.m. at Kovilampoondi village at Cuddalore District they attacked the prosecution party and caused injury to P.W. 1. In the course of the same transaction when the deceased Muthukrishnan Intervened, he was knifed to death by A-4 and thereby the deceased died on 30-12-89 at about 1.00 a.m. in the Government Hospital, Madras and thereby the accused are said to have committed an offence punishable under S. 307 and 302, IPC. The accused pleaded not guilty and hence the trial.