AYYALUSAMY Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant in Crl.A.No.310 of 2008 is the first accused and the appellant in Crl.A.No.311 of 2008 is the second accused in S.C.No.489 of 2007 on the file of the learned Additional Sessions Court (Fast Track Court No.I), Tirunelveli. Altogether, there are five accused. There were as many as five charges framed against the accused. The first charge is under Section 120(b) I.P.C against the 1 to 5 accused. The second charge is under Section 307 I.P.C against the second accused for having made an attempt of life on P.W.1. The third charge is against accused Nos.1, 3 and 4 under Section 307 r/w 109 of I.P.C on the allegation that they instigated the second accused to commit murder of P.W.1.

(2.) By judgment dated 16.04.2008, the trial Court acquitted all the accused from charge No.1 i.e under Section 120(b) I.P.C. The trial Court acquitted the second accused from charge No.2 i.e 307 I.P.C and the accused Nos.1, 3 and 4 from the third charge for offence under Section 307 r/w 109 I.P.C. However, the trial Court convicted the first accused under Section 302 I.P.C under charge No.4. Similarly, convicted the second accused for the offence under Sections 302 r/w 34 of I.P.C under charge No.5. The trial court acquitted accused Nos.2 to 5 from the charge under Section 302 r/w 34 I.P.C under charge No.5.

(3.) Sofar as the sentence is concerned, for the offence under Section 302 I.P.C, the first accused has been sentenced to undergo imprisonment for life and pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three months. The second accused has been sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo rigorous imprisonment for three months under Section 302 r/w 34 of I.P.C.