ABRAHAM Vs. STATE

JUDGEMENT

(1.) Crl.A.No.1335 of 2002 is by the fourth accused (A4) and Crl.A.No.1431 of 2002 is by accused 1 to 3 (A1 to A3) in Sessions Case No.79 of 1999 on the file of the learned Additional Sessions Judge, Tiruvannamalai District, and Referred Trial No.4 of 2002 is by way of a reference of the learned Sessions Judge for the confirmation of the death sentence imposed upon the appellants. The two appeals filed by A1 to A4 and the Referred Trial are being disposed of by the following common judgment.

(2.) In this judgment, for the sake of convenience, the appellants in Crl.A.No.1431 of 2002 and the appellant in Crl.A.No.1335 of 2002 will hereinafter be referred to as accused 1 to 4 (A1 to A4) respectively. The acquitted accused, A5 to A7, who were tried along with the appellants, will be referred to in the order they were arrayed before the learned Sessions Judge. Rayappan and Philips @ Philips Raj, who, according to the prosecution, participated in the incident and who died before the framing of charges, will be referred to as deceased-accused 1 and 2 (DA1 and DA2) respectively. The four deceased in this case, Mani, Pitchaikaran, Kannan and Poongavanam, will be referred to as deceased 1 to 4 (D1 to D4) respectively.

(3.) The learned Sessions Judge framed a charge under Section 148 against A1 to A6 and under Charge No.2, A7 was charged under Section 147 IPC. Charge No.3 was framed against A1 to A7 under Section 302 r/w 149 IPC under four counts. Under Charge No.4, A1 to A7 were charged under Section 307 r/w 149 IPC under two counts and Charge No.5 was framed against A1 to A7 under Section 201 r/w 149 IPC. The learned Sessions Judge, on the evidence adduced, while acquitting A5 to A7 of the charges with which they were charged, convicted A1 to A4 and sentenced each of them to suffer rigorous imprisonment for one year under Charge No.1. A1 to A4 were also convicted and sentenced to death under Section 302 r/w 149 IPC (four counts). Similarly, the learned Sessions Judge found A1 to A4 guilty under Section 307 r/w 149 IPC (two counts) and sentenced each of them to suffer rigorous imprisonment for a period of four years. For the offence under Section 201 r/w 149 IPC, A1 to A4 were convicted and each of them was sentenced to undergo rigorous imprisonment for two years. Aggrieved by the said order of conviction and sentence, the appeals are preferred and the reference is made by the learned Sessions Judge for the confirmation of the death sentence.