THANGAPANDIAN ALIAS SANKARANARAYANA Vs. STATE

JUDGEMENT

(1.) The appellant is the sole accused in S.C. No. 11 of 2003 on the file of the learned Additional District and Sessions Judge, Fast Track Court No. V, Coimbatore at Tirupur. He stands convicted for offences under Sections 120-B, 147, 395 and 450 of IPC. He has been sentenced to undergo R.I. for 8 years and to pay a fine of Rs. 1000/- [no default sentence imposed] for offence under Section 120-B of IPC; to undergo imprisonment for 6 months [description of imprisonment not given] for offence under Section 147 of IPC; to undergo R.I. for 8 years and to pay a fine of Rs. 1000/- [no default sentence imposed] for offence under Section 395 of IPC; and to undergo R.I. for 8 years and to pay a fine of Rs. 1000/- [no default sentence imposed] for offence under Section 450 of IPC. Challenging the said conviction and sentence, the accused is now before this court with this criminal appeal.

(2.) The appellant was one of the accused in PRC No. 7 of 1997. Totally there were 11 accused in the said case. But, the appellant was absconding and therefore, the learned Magistrate split up the case as against this appellant and committed the case against the rest of the 10 accused. On committal the case against the rest of the 10 accused 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 present appellant was secured and 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 against the appellant. Since the appellant 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.