RAVIKUMAR Vs. STATE

JUDGEMENT

(1.) THE accused 1, 2, 3 & 5, who have been convicted by the Principal Sessions Judge, Villupuram, in S. C. No. 83/95, are the appellants.

(2.) THE complainant/respondent, had filed a final report against the appellants and three others, seeking appropriate punishment under sections 147, 148, 323, 307, 302 r/w 109, 302 r/w 149 and 307 r/w 149, alleging, that all the accused have formed themselves into an unlawful assembly, on 22. 12. 1993 at about 8. 00 a. m. at Kollumedu Village, with the common intention of committing crime, and in furtherance of the said common intention, committing rioting, they have assaulted some of the witnesses, caused injuries, in addition to causing the death of one Vadivelu and therefore, all the accused should be dealt with accordingly, under appropriate penal provisions.

(3.) THE learned trial Judge, considering the oral as well as the documentary evidence, reached the conclusion that the delay in preferring the complaint is not an inordinate one, whereas it had occurred in the normal course, also well explained; that the accused parties, as the aggressors have caused injuries to the prosecution witnesses, as well as causing death of one person, that though there were more than five accused, they have not formed themselves into an unlawful assembly, or not the members of unlawful assembly, sharing the common intention of each and therefore, the charges against some of the accused, either under Section 149 or 147 or 148 i. P. C. , as the case may be are not made out, that though some of the accused have been charged under Section 307 I. P. C. , there was no intention for the accused to aim the life of the injured witnesses, and if at all, the assault, causing injuries, would make out a case only under Section 324 I. P. C. , that the evidence available on record, are sufficient only to sustain the conviction, against, the appellants 1 & 2 under Section 324 I. P. C. , the appellants 3 & 4 under 302 I. P. C. In this view, as aforementioned, conviction and sentence were slapped upon the accused appellants, giving total relief to other accused.