VIRUPPALINGAM Vs. STATE OF MADRAS

JUDGEMENT

(1.) All these Criminal Appeals arise out of two distinct and independent trials - involving recording of evidence of like nature - in Sessions Case Nos. 43 and 44 of 1985 on the file of Court of Session, South Arcot Division at Cuddalore, relatable to - if colloquially described a common occurrence - or if pithily and aptly put, by the usage of a legal jargon, a Tsingle transaction - of a heinous crime of murder, involving participation of a juvenile accused, along with other adult accused.

(2.) The former case pertains to adult accused - nine in number - namely, Pappu Samutiyar (accused 1), Viruppalingam (accused 2), Murugan (accused 3), Rosappa Samutiyar (accused 4), Radhakrishnan (accused 5), Ramalingam (accused 6), Thangam alias Muthukrishnan (accused 7), Dhandapani (accused 8) and Vadakku Meluran alias Selvaraj (accused 9), who faced trial on charges for various offences, as detailed below: <FRM>JUDGEMENT_758_CRIMES2_1994Html1.htm</FRM>

(3.) On trial, accused 2, 5 and 6 were each, though found not guilty under Sections 120- Band 148 of the Indian Penal Code, but, however, found guilty under Section 302 read with Section 34 of the Indian Penal Code, convicted thereunder and sentenced to imprisonment for life. Aggrieved by the said conviction and sentence, they filed Criminal Appeal No. 744 of 1986.