SIMON Vs. STATE REP

JUDGEMENT

(1.) The Appellants in the above appeals were tried in S.C.No.99 of 1998 on the file of the Additional Sessions Judge, Kanyakumari at Nagercoil in connection with the murder of one Antony Chandra on 17.1.1997 at 7.30 p.m. in the hotel known as New Pandian Cafe in Kanyakumari. They were charge sheeted for the offences under Section 302 read with 149 I.P.C. etc. The trial Judge found the second accused guilty under Section 302 I.P.C. etc., and A-1, A-3 to A-5 guilty under Section 302 read with 149 I.P.C. etc. The accused were sentenced to undergo life imprisonment for the conviction under Section 302 (against A-2) and under Section 302 read with 149 I.P.C. (against A-1, A-3 to A-5) and lesser sentences were awarded in respect of other offences.

(2.) C.A.87 of 2000, 538 of 2000 and 999 of 1999 have been filed by A-1, A-2 and A-5 respectively questioning the correctness of the judgment of the trial Judge. C.A.No.16 of 2000 has been filed by A-3 and A-4.

(3.) The case of the prosecution is as follows,