SIVA Vs. STATE REP

JUDGEMENT

(1.) Crl.A.No.827 of 2000 is by A5, Cr.A.No.881 of 2000 is by A8, Crl.A.No.939 of 2000 is by A6 and A9, Crl.A.No.979 of 2000 is by A1 to A3 and A7, and Crl.A.No.1136 of 2000 is by A4 in Sessions Case No.51 of 1997 on the file of the learned Additional Sessions Judge, Nagercoil, Kanyakumari, and in this judgment, the appellants will be referred to as A1 to A9 in the same order as they were arrayed before the learned Sessions Judge, for the sake of convenience.

(2.) A1, A2, A4 and A5 and A7 were charged under Section 148 IPC and A3, A6, A8 and A9 were charged under Section 147 IPC. A1 to A5 were charged under Section 449 IPC. A1 to A9 were charged under Section 364 IPC (two counts) under Charge Nos.4 and 5 for kidnapping the deceased Kannan and P.W.1 Dhanasingh. A1, A2, A4 and A5 were charged under Section 302 IPC for committing the murder of Kannan and A3 and A6 to A9 were charged under Section 302 r/w 149 IPC for sharing the common object of A1, A2, A4 and A5 in committing the said offence. A6 to A9 were charged under Section 307 IPC for attempting to murder P.W.1 and A1 to A5 were charged under Section 307 r/w 149 IPC for sharing the common object of A6 to A9 in committing the above offence.

(3.) The learned Sessions Judge, on the evidence adduced, finding A1, A2, A4, A5 and A7 guilty under Section 148 IPC, sentenced each one of them to suffer rigorous imprisonment for three years. He convicted A3, A6, A8 and A9 under Section 147 IPC and sentenced each one of them to undergo two years' rigorous imprisonment. A1 to A5, on being convicted under Section 449 IPC, were sentenced each to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.1000/- with a default sentence of six months' rigorous imprisonment. A1 to A9 were convicted under Section 364 IPC (two counts) for kidnapping the deceased Kannan and P.W.1 Dhanasingh and each one of them was sentenced to rigorous imprisonment for 7 years and to pay a fine of Rs.1000/- and in default of payment of the fine amount, each accused was directed to undergo rigorous imprisonment for six months, under each count.A1, A2, A4 and A5 were convicted under Section 302 IPC and sentenced each to imprisonment for life and to pay a fine of Rs.5000/- with a default sentence of rigorous imprisonment for one year. A3 and A6 to A9 were convicted and similarly sentenced under Charge No.7 framed under Section 302 r/w 149 IPC on the allegation that they shared the common object of A1, A2, A4 and A5 in committing the murder of the deceased. A6 to A9, on being convicted under Section 307 IPC for attempting to murder P.W.1, were sentenced each to undergo 7 years' rigorous imprisonment and to pay a fine of Rs.1000/- and if the fine amount is not paid, each one of them was directed to suffer rigorous imprisonment for six months. A1 to A5, on being convicted under Section 307 r/w 149 IPC for sharing the common object of A6 to A7 in committing the above offence, were similarly sentenced.The above appeals by the respective accused challenge the conviction and sentence imposed upon them.