PERIYASAMY Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) THE criminal appeal arises out of the judgment of conviction and sentence, dated 31.12.2003, made in S.C.No.171 of 2002 on the file of the Additional District Court, Fast Track Court No.III, Vridhachalam, whereby A1 to A4 were convicted for the offence under Section 304(i) r/w 34 IPC and sentenced to undergo seven years rigorous imprisonment each and imposed a fine of Rs.3,000/- each in default in payment to undergo six months rigorous imprisonment. A1 to A4 were convicted for the offence under Sections 201 r/w 34 IPC and sentenced to undergo rigorous imprisonment for 2 = years each and also to pay a fine of Rs.1,000/- each, in default in payment to undergo rigorous imprisonment for six months each.

(2.) THE respondent has filed a charge sheet against the appellants/accused stating that on 11.05.2001, the accused persons 1 to 5 questioned the deceased Thangaraj in connection with the theft taken place in the house of A1 at Kilimangalam and also the accused ill-treated the deceased in many ways and means and tied deceased with a rope in the Othiyam tree situated near A6's Motor pump shed and assaulted him and also caused hurt by means of fire stick and with an intention to murder the deceased, gave electric shock. Since the deceased died on the spot due to electrocution, with an intention of screening the commission of offence, the accused persons 1 to 3 approached A6 and on the instigation of A6, they buried the body of the deceased Thangaraj in the Kilimangalam Vellaru River. Thereby A1 to A5 committed the offence under Sections 302 r/w 34 IPC; A1 to A3 committed the offence under Sections 201 r/w 34 IPC; A6 committed the offence under Sections 201 r/w 109 and 202 IPC.

(3.) CHALLENGING the conviction and sentence passed by the trial Court, Mr.S.Ashok Kumar, learned senior counsel for the appellants would make the following submissions.