LAWS(MAD)-1991-9-22

RAMAMOORTHY Vs. RAMACHANDRAN

Decided On September 19, 1991
RAMAMOORTHY Appellant
V/S
RAMACHANDRAN Respondents

JUDGEMENT

(1.) Both the appeals arise from the judgment of the Sessions Judge, Tiruchirapalli in Sessions Case No. 194 of 1984 dated 31/10/1985. The appellants 1 and 2 in C.A. No. 959 of 1985 are respectively accused 1 and 4 and the appellant in C.A. No. 853 of 1986 is the second accused in Sessions Case No. 194 of 1984 in which the third accused was acquitted. One juvenile by name Arjunan was accused in Sessions Case No. 16 of 1985 which was connected with Sessions Case No. 1974 of 1984. Both the cases related to one and the same occurrence. The juvenile was acquitted. We may refer to the appellants as accused as arrayed before the Sessions Court for the sake of convenience. (ii) The first charge against all the four accused is/under section 396, I.P.C. on the allegation that on 15/7/1984 at about 10.30 a.m. in the land of Murudha Padayachi, about one kilometer west of Musiri, all the four accused alongwith the juvenile accused Arjunan while conjointly committing dacoity committed the murder of one Sellammal and removed the gold studs from her ears. (iii) The second charge is under section 397 I.P.C. on the allegation that all the four accused and the juvenile accused mentioned above caused grievous hurt or attempted to cause death of Sellammal at the time of committing the dacoity. All the four accused in Sessions Case No. 194 of 1984 and the juvenile accused in Sessions Case No. 16 of 1985 pleaded not guilty to the charges. Both the sets of accused persons were tried by the Sessions Judge separately, though the occurrence was one and the same, for the reason that the accused in Sessions Case No. 16 of 1985 happened to be a juvenile. After trial, the Sessions Judge acquitted the third accused in Sessions Case No. 194 of 1984 and the juvenile in Sessions Case No. 16 of 1985. Accused 1,2 and 4 were found guilty of the charges under section 396, I.P.C. and the trial Judge convicted and sentenced each of them to undergo imprisonment for life. The fourth accused was and guilty for an offence under section 397, I.P.C. also. But no separate sentence was imposed thereunder. Of the accused 1,2 and 4 who remain convicted as such by the Sessions Judge accused 1 and 4 have preferred Criminal Appeal No. 959 of 1985 while the second accused has preferred Criminal Appeal No. 853 of 1986. Both the appeals are disposed of by a common judgment.

(2.) The prosecution case in brief is this:

(3.) When the accused were examined under section 313, Cr. P.C. with reference to the incriminating circumstances appearing in the evidence against them, they denied their complicity in the offence. No defence witnesses were examined on their side. After trial, Al, A2 and A4 were convicted and sentenced as stated earlier. They challenge the said verdict in the present appeals.