SHANMUGAM Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No.892 of 1997 has been preferred by the A-5 and Criminal Appeal No.38 of 1998 has been preferred by A-1 to A-5 in S.C.No.417 of 1996 on the file of VII Additional Sessions Judge, Chennai. It is pertinent to mention that in Criminal Appeal No.38 of 1998, A-5 was cited as one of the appellants, though he has filed a separate Criminal Appeal No.892 of 1997 and both the appeals arise out of the judgment dated 14.10.1997 made in the said S.C.No.417 of 1996, which are disposed of by this common judgment.

(2.) The appellants herein were arrayed as A-1 to A-5 before the learned VII Additional Sessions Judge, Madras and they are tried for the offences under Sec. 147, 148, 341, 324 read with 34 Indian Penal Code and 302 read with 34 Indian Penal Code and all of them were convicted and sentenced to undergo two years R.I under section 147; three years R.I. under section 148; simple imprisonment for one month under Sec. 341; three years R.I. under section 324 read with 34 Indian Penal Code with fine of Rs. 5000.00 each with default sentence of 6 months S.I., besides the appellants 1 to 3 were sentenced for life imprisonment under Sec. 302 read with 34 Indian Penal Code and the appellants 4 and 5 were sentenced to life imprisonment under Sec. 302 read with 149 IPC, however, all the sentences were ordered to run concurrently. The said conviction and sentence is challenged in these appeals.

(3.) For the sake of convenience, the appellants herein are referred to as A-1 to A-5 as arrayed by the trial court.