RAMESH AND OTHERS Vs. STATE REP. THROUGH THE INSPECTOR OF POLICE, CUMBUM NORTH POLICE STATION, CUMBUM (CRIME NO.215 OF 1999)

JUDGEMENT

(1.) Five persons were charge-sheeted in Crime No. 215/1998 registered on the file of Cumbum North Police Station for offences punishable under Sections 397 and 506(ii) IPC. The case was taken on file by the committal Magistrate, namely Judicial Magistrate, Utthamapalayam as P.R.C.No.22/1999 and following the committal procedure, the case was committed to the Court of Session, Madurai. The same was taken on file as S.C.No.375/1999 by the Principal Sessions Judge, Madurai and made over to the Additional Sessions Judge, Fast Track Court No.4, Madurai @ Periyakulam for trial and disposal according to law. After trial, the learned trial Judge held all the five accused to be guilty of offences under Sections 392 and 397 IPC, convicted each one of the accused with 12 years rigorous imprisonment and imposed a fine of Rs.5,000.00 with a default sentence of one year simple imprisonment for the offence under Sec. 392 Penal Code and a punishment of rigorous imprisonment for seven years for the offence under Sec. 397 IPC.

(2.) Aggrieved by and challenging the judgment of the trial court dated 10.11.2005 in respect of conviction as well as sentence, all the accused have come forward with these criminal appeals under Sec. 374(2) Crimial P.C. Mariappan (A1) and Rajangam (A2) have preferred Crl.A.(MD) No.254/2006; Chelladurai (A3) has preferred Crl.A.(MD) No.271/2006; Mani @ Manikandan (A4) has preferred Crl.A.(MD) No.583/2005; and Ramesh (A5) has preferred Crl.A.(MD) No.582/2005. Since all the appeals have arisen out of one and the same judgment pronounced in one and the same Sessions Case, all the four appeals were clubbed together and they were heard jointly and are being disposed of by a common judgment. Since the serial numbers of the appellants do not correspond to the ranks of the accused in seriatum, the appellants shall be referred to as Accused 1 to 5 respectively in accordance with their ranks in the trial court and at appropriate places, if necessary, their ranks in the appeals shall also be indicated.

(3.) The case of the prosecution, in brief, as discerned from the evidence adduced on the side of the prosecution, is as follows: