EKAMBARAM Vs. STATE INSPECTOR OF POLICE

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence against the fourth accused made in S.C. No. 10 of 1999 dated 30.8.1999 passed by the learned Additional District and Sessions Judge cum Chief Judicial Magistrate, Perambalur, convicting and sentencing the appellant/fourth accused to undergo one year rigorous imprisonment with fine of 1,000/-, in default, to undergo one month rigorous imprisonment under Section 148 IPC, 5 years rigorous imprisonment with a fine of 1,000/-, in default, to undergo 6 months rigorous imprisonment under Section 449 IPC; to undergo life imprisonment with fine of 2,000/-, in default, to undergo 1 year rigorous imprisonment under Section 302 read with 34 IPC; to undergo life imprisonment with fine of ** 2,000/-, in default, to undergo 1 year rigorous imprisonment under Section 302 read with 149 IPC; to undergo life imprisonment with fine of 2,000/-, in default, to undergo one year rigorous imprisonment under Section 302 read with 149 IPC; to undergo life imprisonment with fine of 2,000/-, in default, to undergo one year rigorous imprisonment under Section 302 read with 149 IPC; and the direction to serve the sentence passed under Section 148 IPC for 1 year and the sentence under Section 449 IPC for 5 years consecutively and thereafter, to serve the sentence of four life imprisonments concurrently. The occurrence was said to have taken place as a massacre, in which, four persons of a single family were done to death in the day light at their house and the accused persons were said to have involved in committing the said crimes.

(2.) As per the prosecution, originally A1 to A14 were charged for having committed the murder of the said four persons. Five of the accused, out of the said 14 accused were dead before the commencement of trial and therefore, A1 to A9 alone were ranked and tried for the murder of the said four persons. Out of them, A9 was acquitted and other accused were convicted for the offences under Sections 147, 148, 449, 302, 302 read with 149 IPC as aforesaid. A9 was acquitted of the charges under Sections 324 read with 114, 302 read with 149 and Sections 25(1b) and 27 of Fire Arms Act framed against him.

(3.) The accused persons namely A1 preferred an appeal against the conviction and sentence passed against him in Crl. A. No. 886 of 1999, the accused 2, 5 and 8 preferred an appeal against conviction and sentence passed against them in Crl. A. No. 889 of 1999 and the accused 3, 6 and 7 also preferred an appeal against the conviction and sentence passed against them in Crl. A. No. 773 of 2010and no appeal was preferred by the State against the acquittal of A9. This Court had taken up all the three appeals for hearing and after a full-fledged hearing, the Bench of this Court had passed the judgment on 20.2.2003, confirming the conviction and sentence passed by the learned Sessions Judge made in S.C. No. 10 of 1999 dated 30.8.1999 and dismissed ail the appeals.