BALAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) 1. Crl. A. No. 1029/01 is by A-2; Crl. A. No. 1052/01 is by a-5 and Crl. A. No. 1186/01 is by A-1, A-3 and A-4 in S. C. No. 115/01. In this judgment, for the sake of convenience, the appellants in the above appeals will be referred to as A-1 to A-5 in the same order as they were arrayed before the learned Sessions Judge.

(2.) THE first charge was framed against A-1 to A-5 under section 120-B, I. P. C. on the allegation that five days prior to 16. 12. 2000, they, at P. K. Veerattikuppam village conspired to murder the deceased and in pursuance of the said conspiracy, committed the murder of the deceased balakrishnan at 9. 30 p. m. on 16. 12. 2000. THE learned Sessions Judge, finding all the appellants guilty, sentenced them to imprisonment for life.

(3.) THE sixth charge was framed against A-1 and A-4 under section 302 read with Section 109, I. P. C. on the allegation that they instigated a-3 and A-5 to murder the deceased. THE learned Sessions Judge, though found a-1 guilty under the above charge, did not award any separate sentence, while a-4 was found not guilty and he was acquitted.