SATHEESH KUMAR Vs. STATE

JUDGEMENT

(1.) The appellants are the accused in Sessions Case No.8 of 2006 on the file of the Additional District and Sessions Judge, Dindigul. The charges against the accused are that 147, 427, 323, 302 r/w 109 IPC (Al, A5 and A6); 148, 427, 323 and 302 IPC (A2); 148, 427, 323, 324 and 302 IPC (A3); 148, 427, 324, 302 r/w 149 IPC (A4); 147, 427, 302 r/w 149 IPC (A7) and 147 and 427 IPC (Al). The accused stand convicted and sentenced to undergo 6 months simple imprisonment under sec. 427 I.P.C.; 3 months simple imprisonment under sec. 323 I.P.C.; one year simple imprisonment under Sec. 148 I.P.C.; 2 years simple imprisonment with fine of Rs.5,000/-,carrying default sentence under Sec. 324 I.P.C., the accused were sentenced to undergo life imprisonment together with fine of Rs. 10,000/-, carrying a default sentence under Ss. 302, 302 r/w 149, 302 r/w 109 I.P.C.

(2.) It is to be noted that pending trial, A5 Ramasamy died and hence, the charges against him abated. Pending appeal, A6 Nagaraj passed away on 26.09.2018 and hence, the charges against him also abated.

(3.) The case of the prosecution necessary for the disposal of these appeals would run thus:- This is a case of playful act of two adolescents led to a group clash, eventually resulted in death of one Alagarsamy and causing injuries to PW1 and PW2 and Al and A4. PW1 and PW2 are husband and wife. PW3 is the daughter of PW1 and PW2. The deceased Alagarsamy is husband of P.W.4 and brother of P.W.1. Al is the father of A2. A3 and A4 are the sister's son of Al. A5 is the younger brother of Al. A6 and A7 are his relatives. Both the accused party and prosecution party are permanent residents of Viralipatti.