KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant in Criminal Appeal No. 1707 of 2002 is the first accused in Sessions Case No. 198 of 2002 on the file of the Additional District and Sessions Judge, Salem and the appellants in Criminal Appeal No. 222 of 2003 are accused 2 to 4 in the same Sessions Case. Both the appeals are disposed of by this common judgment as they arise out of one sessions case. The appellant in Criminal Appeal No. 1707 of 2002 will, hereinafter, be referred to as the first appellant and the appellants 1 to 3 in Criminal Appeal No. 222 of 2003 will, hereinafter, be referred to as appellants 2 to 4 in this judgment.

(2.) THE appellants were tried before the trial Court on six charges. The first charge is against all the appellants for an offence punishable under Section 120-B of the Indian Penal Code. All the appellants were charged for an offence punishable under Section 449 of the Indian Penal Code under Charge No. 2. The third charge is against the second appellant for an offence punishable under Section 302 of the Indian Penal Code. The first appellant was charged for an offence punishable under Section 302 read with 34 of the Indian Penal code under charge No. 4. Under charge No. 5, appellants 3 and 4 were charged for an offence punishable under Section 302 read with 109 of the Indian Penal Code. All the appellants were charged under charge No. 6 for an offence punishable under Section 396 read with 34 of the Indian Penal Code.

(3.) THE learned trial Judge, on the evidence adduced, both oral and documentary, found all the appellants guilty for the offences punishable under Sections 120-B and 449 of the Indian Penal Code and sentenced them with rigorous imprisonment for two years and five years respectively. The second appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment. The first appellant was convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code and appellants 3 and 4 were convicted for the offence punishable under Section 302 read with 109 of the Indian Penal Code and were similarly sentenced to life imprisonment. The learned trial Judge, under charge No. 6, convicted all the appellants for the offence punishable under Section 394 read with 34 of the Indian Penal Code and for the said offence and imposed rigorous imprisonment for five years.