SHATHURUDEEN Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellants are A2 to A8 in S.C.No.61 of 1997 on the file of the learned Additional District and Sessions Judge, Fast Track Court No.V, Coimbatore at Tiruppur. They stand convicted for offences under Sections 120-B, 147, 395 and 450 of IPC. They have been sentenced to undergo R.I. 8 years and to pay a fine of Rs. 1000/- for offence under Section 120-B of IPC; to undergo R.I. for 6 months for offence under Section 147 of IPC; to undergo R.I. for 8 years and to pay a fine of Rs. 1000/- for offence under Section 395 of IPC; and to undergo R.I. for 8 years and to pay a fine of Rs. 1000/- for offence under Section 450 of IPC. No default sentence imposed. Challenging the said conviction and sentence, A2 to A8 in S.C.No.61 of 1997 have come forward with these criminal appeals.

(2.) Originally, the appellants were accused in PRC No.7 of 1997. Totally there were 11 accused in the said case. But, one of the accused by name Thangapandian @ Sankaranarayanan was absconding and therefore, the learned Magistrate split up the case as against him and committed the case against the rest of the 10 accused. On committal the case against the rest of the 10 accused including these appellants was made over to the Assistant Sessions Judge, Udumalpet, who framed charges against all the 10 accused. The case was thereafter transferred to the Additional District and Sessions Judge, Fast Track Court No.V, Coimbatore at Tirupur. After framing of charges, two accused by name Murugan and Ravi in the said case were absconding. Therefore, the case against the said two accused was split up. The learned Additional Sessions Judge , therefore, rearranged the rank of the remaining 8 accused and proceeded with the trial in S.C.NO.61 of 1997. Accordingly, the trial commenced on 25.09.2003.

(3.) In the mean while, the absconding accused by name Thangapandian @ Sankaranarayanan was secured and the case against him was also committed by the learned Magistrate and the same was in turn made over to the Additional Sessions Judge, FTC No. V Coimbatore at Tirupur in S.C.No.11 of 2003. The learned Additional Sessions Judge, accordingly, framed charges. Since the accused denied the charges, the learned Additional Sessions Judge proceeded with the trial. The examination of witnesses in this case commenced on 20.11.2003 in S.C.No.11 of 2003.