PACKIATHAI @ PACKIATHAI AMMAL AND OTHERS, Vs. STATE

JUDGEMENT

(1.) THE appellant in C.A.No. 828 of 2000 is the 3rd accused and the appellants in C.A.No. 334 of 2001 are the accused 1 and 2 who have been convicted and sentenced by the learned III Additional Sessions Judge, Tirunelveli in S.C. No. 358 of 1998 by judgment dated 17.8.2000. The appellants will be referred to as accused 1 to 3 besides the 4th accused, as they were arrayed in the Trial Court. The 4th accused has not preferred any appeal.

(2.) THE accused 1 to 4 were tried for the offence under Sections 123, 364 r/w 120 -B, 302, 302 r/w 34, and 302 r/w 109, I.P.C. for kidnapping the deceased Paulraj and committing the murder. Under charge No. 1, accused 1 to 4 were tried for the offence under Section 364 r/w 120 -B, I.P.C and the first accused alone was found guilty under Section 364, I.P.C. and sentenced to undergo 5 years rigorous imprisonment and to pay a fine of Rs. 5,000/ -, in default to undergo R.I. for one year. Under charge No. 2, the first accused was found guilty under Section 302, I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs. 5,000/ -, in default to undergo R.I. for 2 years. Accused 2 and 3 were found guilty under charge No. 3 under Section 302 r/w 109, I.P.C. and sentenced to life imprisonment and to pay a fine of Rs. 5,000/ -, in default to undergo R.I. for 2 years. In respect of the rest of the charges relating to the 4th accused, he was found not guilty and acquitted. Hence accused 1 to 3 have preferred these appeals.

(3.) THE case of the prosecution may be stated briefly as follows: -