STATE Vs. V CHINNATHAMBI

JUDGEMENT

(1.) The respondent Nos.1 to 5 in Criminal Appeal [MD].No.300 of 2006 are the respondent Nos.2 to 6 in CRL.RC.[MD].No.441 of 2006. They are the accused in S.C.No.5 of 2001, on the file of the learned Second Additional Sessions Judge/Fast Track Court No.II, Tuticorin. The respondents 7 to 12 in CRL.RC.[MD].No.441 of 2006 are the accused 6 to 12 in the said case. Thus, altogether, there were eleven accused in the said case. There were as many as five charges framed against the accused as detailed infra. By Judgment dated 07.04.2006, the Trial Court acquitted all the eleven accused. Aggrieved over the same, the State has come up with Criminal Appeal [MD].No.300 of 2006 challenging the acquittal of the accused Nos.1 to 5 alone. The State has not preferred any appeal in respect of the rest of the accused 6 to 11. The petitioner in CRL.RC.[MD].No.441 of 2006 is the wife of the deceased and she is also the first witness for the prosecution during trial. Challenging the acquittal of all the eleven accused, she has come up with CRL.RC.[MD].No.441 of 2006. That is how, the above Criminal Appeal [MD].No.300 of 2006 and CRL.RC.[MD].No.441 of 2006 are now before this Court for disposal.

(2.) Since both these matters arise out of the same Judgment, they have been heard together and they are disposed of by means of this Common Judgment.

(3.) There were as many as five charges framed against the accused by the Trail Court. The first charge is against all the eleven accused under Section 148 of the Indian Penal Code; the second charge is against the fifth accused alone under Section 324 of the Indian Penal Code; the third charge is against the accused 6 to 11 under Section 341 of the Indian Penal Code; the fourth charge is against the accused Nos.1 to 5 under Section 302 r/w 149 of the Indian Penal Code and the fifth charge is against the accused 6 to 11 under Section 302 r/w 149 of the Indian Penal Code.