CHANDRAMOHAN Vs. STATE

JUDGEMENT

(1.) THE appellants are A-1 to A-6, A-8 to A-14, A-17 to A-21 and A-24. They were tried before the learned Addl. Sessions Judge, Nagapattinam, along with seven others, who were arrayed as A-7, A-15, A-16, A-22, A-23, A-25 and A-26. The learned trial Judge, on the evidence adduced, while acquitting A-7, A-15, A-16, A-22, A-23, A-25 and A-26, found the above appellants in this appeal alone guilty under various charges, which were framed against them. In this appeal, for the sake of convenience, the acquitted accused, whom we have referred to above and the appellants in this appeal will be referred as A-1 to A-26 in the same order as they were arrayed before the learned Addl. Sessions Judge.

(2.) THE allegation against A-1 to A-26 is that at 1. 15 p. m. on 10. 9. 94, they formed themselves into an unlawful assembly and that A-1 to A-23 were armed with dangerous weapons and in furtherance of the common object of the said unlawful assembly, they caused the death of the first deceased Rajamanickam (for short D-1), the second deceased Venkatachalam (for short D-2) and the third deceased Balasubramanian (for short D-3) and during the course of the same transaction they also caused injuries to P. W. s 2 and 3.

(3.) THE first charge was framed against A-24 to A-26 under Section 147 IPC. The trial Judge found A-24 alone guilty under the said charge and sentenced him to one year rigourous imprisonment, while he acquitted A-25 and A-26.