ABDUL KHADER ALIAS KALAN Vs. STATE

JUDGEMENT

(1.) THE appellants in Criminal Appeal No. 584 of 1996 are accused 1 and 2 in Sessions Case No. 94 of 1995 on the file of the II Additional Sessions Judge, Coimbatore and the appellant in Criminal Appeal No. 620 of 1996 is the third accused in the said Sessions Case. The appellants 1 and 2 in Criminal Appeal No. 584 of 1996 will, hereinafter, be referred to as the first and the second appellant and the appellant in Criminal Appeal No. 620 of 1996 will, hereinafter, be referred to as the third appellant, for the sake of convenience.

(2.) ALL the three appellants were charged for the offences punishable under Sections 353, 333, 302 read with 34 and 201 of the Indian Penal Code. The allegation against them is that at midnight of 13/14. 02. 1995 all the three appellants assaulted one Sundaram, the deceased in this case, who was a Grade I Police Constable, with knife and aruval, thereby prevented him from discharging his duties; that they caused the death of the said Sundaram by inflicting injuries on him; and that thereafter, they set fire to the passport, summons and his identity card to screen the evidence.

(3.) THE learned trial Judge, while acquitting all the appellants from the charge under section 201 of the Indian Penal Code, found them guilty for the offences punishable under Sections 353, 333 and 302 read with 34 of the Indian Penal Code and directed them to undergo rigorous imprisonment for one year for the offence punishable under Section 353 of the Indian Penal Code; to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/- each, carrying a default sentence of one year's rigorous imprisonment for the offence punishable under Section 333 of the Indian Penal Code and to undergo life imprisonment for the offence punishable under Section 302 read with 34 of the Indian Penal Code.