LAWS(MAD)-2003-9-73

SOLAIAPPA GOUNDER Vs. STATE OF TAMIL NADU

Decided On September 01, 2003
SOLAIAPPA GOUNDER Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Criminal Appeal No.392 of 1995 is by A1, A2, A4 to A10, A13 and A14 and Criminal Appeal No.406 of 1995 is by A11 and A12 in Sessions Case No.193 of 1993 on the file of the First Additional Sessions Judge, Coimbatore. The appellants in Crl.A.No.392 of 1995 will be referred to as A1, A2, A4 to A10, A13 and A14 and the appellants in Crl.A.No.406 of 1995 will be referred to as A11 and A12 for the sake of convenience. They were tried along with Viswanathan, who was arrayed as A3 and who was acquitted by the learned Sessions Judge, and in this judgment, the said Viswanathan will be referred to in the same order as he was arrayed before the learned Sessions Judge, for the sake of convenience. As both the appeals arise out of a single Sessions Case, they are disposed of by the following common judgment.

(2.) The learned Sessions Judge framed as many as 17 charges against A1 to A14. Under Charge No.1, A1 to A14 were charged under Section 148 IPC and under Charge No.2, A1 to A14 were charged under Section 449 IPC. The learned Sessions Judge found A1, A2, A4 to A7, A11 and A12 guilty under Section 148 IPC and sentenced each one of them to undergo rigorous imprisonment for three years and on finding them guilty under Section 449 IPC, the learned Sessions Judge sentenced each one of them to suffer seven years' rigorous imprisonment and to pay a fine of Rs.500/- with a default sentence of rigorous imprisonment for six months. Charge No.3 was framed under Section 324 IPC against A1, A4 (under two counts), A5 and A6 (under two counts) and on being found guilty, each one of them was sentenced to suffer rigorous imprisonment for one year on each count and under Charge No.4 framed under Section 324 r/w 149 IPC (two counts), A2, A3, A7 to A14 were convicted and similarly sentenced. A1, A2, A4 to A13 were charged under Charge No.5 framed under Section 307 IPC and A3 and A14 were charged under Section 307 r/w 149 IPC framed under Charge No.6, and on being found guilty, A1, A2, A4 to A7, A11 and A12 were sentenced each to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.250/- with a default sentence of three months' rigorous imprisonment, while A3, A8 to A10, A13 and A14 were acquitted. The learned Sessions Judge framed Charge No.7 under Section 302 IPC simplicitor against A4 to A6 and A8 to A14 and Charge No.8 under Section 302 r/w 149 IPC against A1 to A3 and A7 and on finding A1, A2, A4 to A7, A11 and A12 guilty, sentenced each one of them to imprisonment for life, while acquitting A3, A8 to A10, A13 and A14. Though the learned Sessions Judge framed a charge against A1 to A3 and A7 under Section 302 r/w 149 IPC under Charge No.8, A1, A2 and A7 alone were found guilty and each one of them was sentenced to imprisonment for life, while A3 was acquitted of the said charge. Charge No.9 under Section 427 IPC was framed against A1 to A14; but, the learned Sessions Judge convicted A1, A2, A4 to A7, A11 and A12 and sentenced each one of them to one year rigorous imprisonment and to pay a fine of Rs.500/- and in default of payment of fine, each one of them was directed to suffer six months' rigorous imprisonment, while acquitting A3, A8 to A10, A13 and A14 of the said charge. Charge No.10 as well as Charge Nos.11 and 12, which were framed against the accused for offences under Sections, 450, 307 and 307 r/w 149 IPC ended in acquittal. The learned Sessions Judge under Charge No.13, once again framed another charge under Section 148 IPC against A4 to A14 and on finding them guilty, sentenced each one of them to suffer rigorous imprisonment for three years. A4 to A14 were also charged under Section 506 Part-II IPC framed under Charge No.14 and on being found guilty, each one of them was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.250/- with a default sentence of three months' rigorous imprisonment. A4 to A14 were also charged under Section 3 of the Explosive Substances Act framed under Charge No.15 and under Section 4(b) of the said Act framed under Charge No.16 and each one of them was sentenced to undergo rigorous imprisonment for a period of three years under each charge. Charge No.17 was framed against A4 to A14 under Section 307 IPC and on finding them guilty, the learned Sessions Judge sentenced each one of them to suffer three years' rigorous imprisonment and to pay a fine of Rs.250/- and in default of payment of fine, each one of them was directed to undergo three months' rigorous imprisonment.

(3.) The allegation in the Charges Nos.1 to 12 is that the accused formed themselves into an unlawful assembly at 2.00 a.m. on 13.2.1992 and in furtherance of the common object of the said unlawful assembly, they attacked Chinnathambi, the deceased in the case, and that in the course of the same transaction, they caused injuries to P.Ws.1 to 8 and that at 3.30 a.m., they went to the house of the deceased and attacked P.Ws.9 to 13. The allegation in the Charges Nos.14 to 17 framed against A4 to A14 is that they formed another unlawful assembly at 4.30 p.m. on 13.2.1992 and in furtherance of the common object of the said unlawful assembly, threw country-made bombs and thereby, attempted to murder P.Ws.31, 32 and 34 and also threatened the witnesses. The present appeals have been filed against the said conviction and sentence.