SOUNDARARAJAN AND ORS. Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused 1 to 4 in S.C. No. 23 of 2007 on the file of the learned Additional Sessions Judge, Fast Track Court, Pudukottai. There were four charges against them. The first charge is against all the four accused under Section 452 IPC and the 2nd charge is under Section 427 IPC against all the four accused. The third charge is under Section 307 IPC against the first accused for having attempted to kill one Mr. Chandrasekaran. The 4th charge is against 2nd accused under Section 307 IPC for having attempted to kill one Mr. Alagappan. The 5th charge is against the third accused under Section 323 IPC for having attacked one Chandrasekaran. The 6th charge is against the third accused under Section 325 IPC for having attacked one Alagappan and causing grievous hurt voluntarily. The 7th charge is against the 4th accused under Section 323 (3 counts) for having attacked one Mr. Veeran alias Veeraiyan, Vasantha and Muthusamy. By judgment dated 25.07.2007, the trial Court found the first accused guilty under Section 307 IPC. The 2nd accused under Section 324 IPC. The third accused under Sections 323 and 325 IPC. The 4th accused under Section 323 (2 counts) and all the accused under Sections 452 and 427 IPC.

(2.) THE trial Court sentenced all the four accused under Section 452 IPC to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ - each, in default, to undergo rigorous imprisonment for one month; Under Section 307 IPC, the trial Court has sentenced the first accused to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ - in default to undergo rigorous imprisonment for six months, under Section 324 IPC, the trial Court sentenced the 2nd accused to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000/ -, in default, to undergo rigorous imprisonment for three months, under Section 325 IPC, the trial Court has sentenced the third accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/ -, in default, to undergo rigorous imprisonment for three months. Under Section 323 IPC, the trial Court has sentenced the third accused to pay a fine of Rs. 500/ - for each count and in default to undergo rigorous imprisonment for three months and under Section 323 (2 counts) the trial Court has sentenced the 4th accused to pay a fine of Rs. 500/ - for each count, in default, to undergo rigorous imprisonment for three months. Challenging the said conviction, the appellants are before this Court with this appeal. The case of the prosecution in brief is as follows:

(3.) BASED on the materials, the trial Court framed charges as detailed in the first paragraph of this judgment. The accused denied the same. In order to prove the case on the side of the prosecution, as many as 13 witnesses were examined and 11 documents were exhibited against the accused. Off the said witnesses, P.Ws. 2 to 6 are the injured witnesses, who have spoken about the injuries sustained by them and P.W. 1 was the eye witness, who has spoken about the occurrence. P.W. 7 has spoken about the observation mahazar, rough sketch prepared. P.Ws. 8, 9 and 12 are the Doctors, who have spoken about the treatment given to the injured. P.W. 10 has spoken about the registration of the case and P.Ws. 11 and 13 have spoken about the investigation done.