RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) For an occurrence that took place on 19th November, 1977 at 7. 30 p.m. at Manakulam village resulting in the death of one Veluswamy, fourteen accused faced a trial before the learned Sessions Judge, Ramnad at Madurai, in S.C. No. 2 of 1979. There were in all 11 charges framed against the accused. A4 to A 8 were convicted for an offence under S. 302, read with 34, I.P.C. and sentenced to imprisonment for life. A4 to A13 were convicted for an offence under S 148, I.P.G. and A14 for an offence under S. 147, I.P.C, but no separate sentence was awarded to them. Accused 9, 11 and 12 were convicted for an offence under S. 324, I.P.C for pausing injury to P.W. 2 and sentenced to three years rigorous imprisonment. A13 and A14 were convicted for an offence under S., 324 for causing injury to P.W. 3 and sentenced to three years rigorous imprisonment. A8 was convicted for an offence under S. 324, I.P.C. for causing injury to P.W. 4 and sentenced to three years rigorous imprisonment. A9 to A14 were convicted for an offence under S. 302 read with 149, I.P.C. and. sentenced to seven years rigorous imprisonment.

(2.) Crl. App. No. 46 of 1980 is filed by the accused against their conviction and sentence by the trial court and Crl. Revision Case No. 44 of 1980 (Case taken up 1 of 1980) for enhancing the sentence imposed on Accu-9 to 14 who were sentenced to only seven year rigorous imprisonment for an offence under S. 392 read with S. 149 , I.P.C.

(3.) The prosecution case briefly is as follows : P.W. 2 is the brother of the deceased. P.W. 1 is the wife of P.W. 2. P.W. 3 is their of the deceased. P.W. 4 is the sister-in of P.W. 3. P.W. 5 is the father of P.W. 1. the accused are also interrelated. A2 and A3 are brothers of A1 A4 and A5 are sons of A2; A3 is the of A1; A7 and A8 are sons of A3; A9 and A14 are sister's sons of Al; A10 is son-in-law of A2; A12 is sister-in-law's son of A2 and A13 is brother-in-law of A2.