SENGAISAMY Vs. STATE

JUDGEMENT

(1.) The appellant is the third, among the seven accused before the trial Court. The first and second accused had died even prior to the commencement of the trial. Through a judgment dtd. 17/4/2021, made in S.C.No.139 of 2010, on the file of the Principal Sessions Judge, Sivagangai, the appellant (hereinafter referred to as 'A3') was not found guilty under Sec. 120(b) IPC, but was found guilty of the offence under Ss. 148, 341, 302 r/w 149, 307 r/w 149 IPC and Sec. 6 of Explosive Substances Act, 1908 and convicted and sentenced to undergo Rigorous Imprisonment for 3 years for the offence under Sec. 148 IPC, together with a fine of Rs.500.00, in default, to undergo Simple Imprisonment for 1 month for the offence under Sec. 341 IPC; life imprisonment and fine of Rs.5,000.00, in default, to undergo Simple Imprisonment for 3 months for the offence under Sec. 302 r/w 149 IPC; Rigorous Imprisonment for 10 years and fine of Rs.3,000.00, in default, to undergo Simple Imprisonment for 3 months for the offence under Sec. 307 r/w 149 IPC; and Rigorous Imprisonment for 10 years and fine of Rs.2,000.00, in default, to undergo Simple Imprisonment for 3 months for the offence under Sec. 6 of the Explosive Substances Act, 1908. The period of imprisonment already undergone by A3 during trial, was ordered to be set-off under Sec. 428 of Cr.P.C and all the sentences were ordered to be run concurrently.

(2.) The charges against A4 to A7 were held as not proved. The present appeal is filed by A3, who alone has been convicted and sentenced to undergo imprisonment for the various offences detailed above.

(3.) The brief case of the prosecution, as projected before the trial Court, are as follows: