MAALAIAYAMMAL Vs. STATE BY THE INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the Judgment of conviction pronounced by the learned Additional District and Sessions Judge (Fast Track Court No.I), Madurai on 06.01.2003 in S.C.No.182 of 2002 on the file of the said court convicting the appellants for offences punishable under Sections 147 & 306 of I.P.C. and sentencing each one of the accused 1 to 7 (the appellants herein) to undergo rigorous imprisonment for a period of one year for the offence under Section 147 IPC and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1,000.00each and in default of payment of fine, to undergo three months rigorous imprisonment for the offence under Section 306 I.P.C. The order of sentence also recites that the substantive sentences of imprisonment shall run concurrently, besides the period of sentence already undergone being set off in terms of Section 428 of the Code of Criminal Procedure. Challenging the Judgment of the trial Court both in respect of conviction and sentence, the appellants/accused 1 to 7 have come forward with the present appeal.

(2.) THE case of the prosecution, in brief, is as follows:

(3.) THE final report was taken on file by the learned Judicial Magistrate No.I, Madurai as PRC No.9 of 2002 and following the procedure for committing the cases involving offences exclusively triable by the Court of Session, the same was committed to the Court of Session, Madurai for trial. The learned Principal Sessions Judge, Madurai, took it on file as S.C.No.182 of 2002 and made over the same to the learned Additional District and Sessions Judge,(Fast Track Court No.I) Madurai for trial. The trial court framed charges against the appellants for offences punishable under Sections 147 and 306 without referring to Section 149 of I.P.C. The appellants/accused denied the charges and wanted the case to be tried.