SWAMIKKANNU Vs. STATE

JUDGEMENT

(1.) THE appellants, five in number, were arrayed as A-1 to a-5 before the learned I Additional District Sessions Judge- cum -Chief judicial Magistrate, Krishnagiri, Dharmapuri District, in S. C. No. 151 of 1993.

(2.) APPELLANTS 1 to 5 were charged under Section 147, i. P. C. and appellants 2 and 4 were charged under Section 148, I. P. C. The learned trial Judge, while finding appellants 1 to 5 guilty under Section 147, i. P. C. and sentencing each one of them to one year simple imprisonment found the second appe1lant a1one gui1ty under Section 148, I. P. C. under charge No. 2, for which, he was sentenced to 18 months simple imprisonment. APPELLANTS 2 to 5 were charged under Section 341, I. P. C. for wrongfully restraining P. W. 1. Pandurangan, and the first appe11ant was charged under Section 341 read with 149, I. P. C. The trial Judge, while finding appellants 2, 3 and 5 guilty under section 341, I. P. C. , sentenced each one of them to two weeks simple imprisonment, while he acquitted the first appellant under Section 341 read with 149, I. P. C. The fourth appellant was charged under Section 324, I. P. C. for causing injuries to P. W. 1 and the first appellant was found guilty under section 324 read with 109, I. P. C. for abetting the fourth appellant to cause injury on P. W. 1. The trial Judge acquitted both appellants 1 and 4 under the above two charges. He also acquitted appellants 2, 3 and 5, who were charged under Section 324 read with 149, I. P. C. , as well as acquitted appellants 2, 3 and 5 under Section 323 read with 34, I. P. C. for causing simple injuries to p. W. 1. The trial Judge, while finding the second appellant guilty under Section 302, I. P. C. and sentencing him to imprisonment for life, found appellants 3 to 5 guilty under Section 302 read with 149, I. P. C. and sentenced each one of them to imprisonment for life. He also found the first, appellant guilty under section 302 read with 109, I. P. C. , for which, he was sentenced to imprisonment for life. The appellants challenge their conviction and sentence in this appeal.

(3.) P. W. 19, continuing with his investigation, seized the blood stained clothes, which were on the dead body, on being produced by p. W. 11, under Form 95. On 13. 11. 1995, the doctor, P. W. 15, who conducted autopsy, and other witnesses were examined and their statements were recorded. The appellants were found absconding and therefore, a special team was formed to nab them. On an information received, P. W. 19 proceeded to Sovathur junction and at 7. 30 a. m. on 20. 11. 1992, arrested the third appellant and his statement was recorded. The third appellant took the police party and produced M. Os. 7 to 9, shirt, baniyan and dhothi, which were seized under a mahazar Ex. P-8. As the third appellant had injury on his person, he was referred to the hospital for treatment. The third appellant was examined by P. W. 16, the Assistant Surgeon attached to Government Hospital, Dharmapuri, and he found the following injuries: (1) A sutured wound 2 cm in size seen over the left parietal area. (2) A sutured wound 3 cm in size over the right parietal area. The doctor issued Ex. P-16, the wound certificate, with his opinion that the injuries found on the third appellant are simple in nature.