KUMAR ALIAS KUMARASAMY Vs. STATE

JUDGEMENT

(1.) A mini-bus occupied by the villagers was proceeding from Vedaranyam to the village katharikulam Panayadikutthagai at about 8. 30 p. m. on 26-1-1992. The deceased ramsingam and his son P. W. 1 Mohan were travelling in the mini bus with the hope of reaching their village safely. Like in a cinema, a white Ambassador car was parked across the road to block the route. Naturally, the mini bus had to stop. The accused persons who were in the Ambassador car, got down from the car, went into the bus and forcibly pulled the deceased down after attacking P. W. 1 Mohan with aruvals and iron rods, when P. W. 1 tried to prevent them. Then the deceased was forcibly taken in the car. On the next day morning, the deceased was found with injuries lying dead in the nearby area and his one hand was found severed. The motive is that deceased Ramasingam contested against the accused party in the election for Katharikulam Panayadikutthagai Vegetable Products Co-operative society and he got elected as President of the said Society. This high-handed incident of abduction in the presence of public sitting in the mini bus arid the brutal killing of the deceased causing serious injuries by the accused, are the subject matter of prosecution.

(2.) THE appellants 1 and 2 in Crl. A. No. 686 of 1997 and the appellants 1 to 12 in crl. A. No. 369 of 1996, are the accused 1 to 14 respectively. They were charged and tried for the offences under Sections 147, 148, 307, 307 read with 149, 364, 302 and 302 read with 149, IPC. After trial, the trial court convicted A-1 to A-4 for the offence under Section 324, IPC arid sentenced each of them to undergo two and half years rigorous imprisonment; A-1 and A-2 were also convicted for the offence under Section 364, ipc and each sentenced to undergo ten years rigorous imprisonment, A1 and A2 were also convicted for the offence under Section 302, ipc and each sentenced to undergo life imprisonment. . A-1 to A-7 were convicted for the offence under Section 148, IPC and each sentenced to undergo one and half year rigorous imprisonment. A-8 to A-14 were convicted for the offence under Section 147, IPC and sentenced to pay a fine of Rs. 1,000/-each. In respect of the other charges, they were acquitted. The sentences imposed on the accused were directed to run concurrently. Questioning the correctness of the judgment imposing conviction for various offences, A-3 to A-14 have filed in Crl. A. No. 369 of 1996 and A-1 and A-2 have filed crl. A. No. 686 of 1997.

(3.) THE factual scenario leading to conviction is summarized as follows :