GUNDAN ALIAS VENKATACHALAM Vs. STATE

JUDGEMENT

(1.) THE appellants in these appeals are the accused 2 to 5 in S. C. No. 287 of 1998 on the file of the II Additional Sessions Judge, Salem.

(2.) THE appellants 1 and 2 in C. A. Nos. 535 of 2002 are accused 2 and 3, the appellant in C. A. No. 1261 of 2002 is the 4th accused and the appellant in C. A. No. 76 of 2002 is the 5th accused. They are referred to hereunder in the same order along with the deceased first accused as they were arrayed before the Sessions Court.

(3.) THE appellants along with the first accused Gullu Govindaraj (since deceased) were charged with the offences punishable under Sections 148, 147, 307, 307 r/w 149, 302 r/w 34 and 302 r/w 149 I. P. C. After trial, A2 and A3 were convicted under Section 148 I. P. C. and sentenced to undergo R. I. for 3 months. A4 and A5 were convicted under Section 147 and sentenced to undergo R. I. for 3 months. A3 and A4 were convicted under Section 307 and sentenced to undergo R. I. for 5 years and also to pay a fine of Rs. 1,000/- each, in default to undergo R. I. for one month. A2 and A5 were convicted under Section 307 r/w 149 and sentenced to undergo imprisonment for 5 years and to pay a fine of Rs. 1,000/-, in default to undergo R. I. for one month. Further A2 and A5 were convicted under Section 302 r/w. 34 I. P. C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 3,000/- each, in default to undergo R. I. for 3 months. Similarly, A3 and A4 were convicted under Section 302 r/w. 149 I. P. C. and sentenced to undergo imprisonment for life and also to pay a fine of Rs. 3,000/- each, in default to undergo R. I. for 3 months. Sentence of imprisonment imposed on the accused was ordered to run concurrently.