PALANI AND OTHERS Vs. STATE

JUDGEMENT

(1.) THE appellants are A -1 to a -10 in S.C. No. 21 of 1996 on the file of the VII Additional Sessions Judge, Chennai and they were tried for an offence under Sections 147, 148, 341, 324, 302 read with 149, IPC and they were convicted and sentenced to undergo imprisonment for one year for the offence under Section 147; imprisonment for one year for the offence under Section 148 IPC; imprisonment for one month for the offence under Section 341 IPC; life imprisonment with fine of Rs. 2,000/ -, in default, six months' rigorous imprisonment for the offence under Section 302 read with Section 149, IPC, however, all the sentences were ordered to run concurrently, which is challenged in this appeal.

(2.) THE facts which are relevant for disposal of this appeal are as follows : -

(3.) IN the meantime, PW -5 continued with his investigation and arrested A -2, A -3, A -5, A -6 and A -7 on 23 -5 -1993 and recorded their statement. A -2 has given a confession statement, based on the same, PW -5 seized the knife under a mahazar Ex. P.9 attested by witnesses. On 27.5.1993, he arrested A -1, A -8 and A -9 and they have also given confession statement, in which admissible portion of the statement of A -1 was marked as Ex. P -10, attested by witnesses. Pursuant to the said statement, A -1 took the police party to Military Courts where he took out a knife from a bush, which was seized under a mahazar Ex. P -11 attested by witnesses and thereafter, all the accused were sent to Court for remand. PW -5 went to the Stanley Medical College Hospital and collected the accident register issued to the deceased, which was later marked as Ex. P -12. He also sent the material objects to the Court with a request to send them for chemical analysis under a memo Ex. P -13. Ex. P -15 is the Serology report. PW -5 also enquired PW -4 and recorded her statement. In the meantime, one Ravi and A -4 have surrendered before the Court. Thereafter, PW -5 was transferred and his successor PW -6 continued his investigation and after scrutinisation of the records, he filed final report on 29.7.1993 under Sections 147, 148, 341, 302 read with 149, IPC.