ELUMALAI Vs. STATE

JUDGEMENT

(1.) THIS judgment shall govern these two criminal appeals, namely Criminal appeal Nos. 1135 and 1150 of 2000. While the first one is brought forth by the accused Nos. 1 to 3 and 5 to 7, the later is brought forth by accused No. 4. They were tried in two separate sessions cases, one was in s. C. No. 13 of 1995 in respect of accused Nos. 1 to 3 and 5 to 7 and the other accused, namely A-4, was tried in S. C. No. 250 of 1998.

(2.) THE accused stood charged, tried and found guilty, as narrated below. Accused Nos. 1, 2, 5 to 7 were found guilty under Sections 148 and 302 IPC and sentenced to undergo two years Rigorous imprisonment for the offence under Section 148 IPC and sentenced to undergo life imprisonment and were directed to pay a fine of Rs. 500/- each, in default to undergo one month simple imprisonment. Accused Nos. 3 and 4 were found guilty under Sections 147, 302 r/w Section 109 and 149 IPC and sentenced to undergo one year Rigorous imprisonment for the offence under Section 147 IPC and they were sentenced to undergo life imprisonment and were directed to pay a fine of Rs. 500/-, in default to undergo one month simple imprisonment for the offence under Sections 302 r/w 109 and 149 IPC. All the sentences should run concurrently.

(3.) THIS Court paid its anxious consideration to the rival submissions made, and made a thorough scrutiny of the materials available. It is not in controversy that the deceased died out of homicidal violence and the fact that an occurrence took place on 6. 5. 1992 at 9. 30 p. m. is not also disputed. The deceased died immediately when he was taken to hospital. The case of the prosecution in this regard has been proved through the evidence of postmortem doctor and he has also issued Ex. P. 15, postmortem certificate in that regard. These facts are never questioned by the accused either before the trial court or before this Court. Hence, it could be safely recorded so.