GANESAN Vs. STATE

JUDGEMENT

(1.) THE appellants in the above appeals were tried by the learned III Additional Sessions Judge, Tirunelveli, for causing the murder of one Gajendiran on 14.2.1995 at about 5.45 P.M. near Kailasanthar Temple at Keelnatham Vadakkur. THE Sessions Court found all the appellants/accused guilty under Sections-148, 342 and 302 read with 34 IPC. and sentenced them to undergo one year R.I. & fine of Rs.1,000/- fine of Rs.1,000/- and life imprisonment & fine of Rs.6,000/- respectively.

(2.) THE 6th accused has filed Criminal Appeal No.651/2000 Criminal Appeal No.684 of 2000 has been filed by A-8 Criminal Appeal No.730/2000 has been filed by A-7 Criminal Appeal No.851 of 2000 has been filed by A-2 to A-5 and Criminal Appeal No.115 of 2003 has been filed by A-1. As all the appeals have been filed against the same judgment, the appeals can be disposed of by a Common Judgment.

(3.) THE case of the prosecution as spoken to by PWs-1 to 3 is that at about 5.45 P.M. on 14.2.1995 the deceased was returning to his village, followed by PW-1 in another bicycle. PWs-2 and 3 also came behind PW-1 in bicycles. When the deceased was going near Kailasanathar Temple, the accused came from behind the Temple and seeing this, the deceased dropped his cycle and started running. But however, he was encircled and attacked by the accused. When PWs-1 to 3 shouted, all the accused ran away, carrying weapons. THEreafter, PWs-1 to 3 went to the village, informed the father of the deceased. Both PW-1 and the father of the deceased came to the spot. After seeing the body of the deceased, they went to the police station and PW-1 gave the complaint in which the deceased's father also signed.