SANTHANAM AND ORS. Vs. STATE

JUDGEMENT

(1.) THE appellants are the accused 1 to 5 in S.C. No. 98 of 2007, on the file of the learned Additional and Sessions Judge, Fast Track Court No. II, Tuticorin. The Trial Court framed as many as five charges. The first charge was against all the five accused under Section 148 I.P.C.; the second charge was against all the five accused under Section 341 I.P.C.; the third charge was against the second accused under Section 302 I.P.C.; the fourth charge was against the accused 1,3,4 and 5 under Section 302 read with 149 I.P.C. and the fifth charge was against all the five accused under Section 404 I.P.C. By Judgment, dated 11.01.2011, the Trial Court convicted all the five accused under all the charges. For the offence under Section 148 I.P.C., the Trial Court sentenced all the five accused to pay a fine of Rs. 500/ - each, in default to undergo rigorous imprisonment for one month; for the offence under Section 341 I.P.C., the Trial Court sentenced all the five accused to pay a fine of Rs. 100/ - each, in default to undergo simple imprisonment for one week; for the offence under Section 302 I.P.C., the Trial Court sentenced the second accused to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - in default to undergo rigorous imprisonment for one year; for the offence under Section 302 read with 149 I.P.C., the Trial Court sentenced the accused 1,3,4 and 5 to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - each, in default to undergo rigorous imprisonment for one year and for the offence under Section 404 I.P.C., the Trial Court sentenced all the five accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/ - each, in default to undergo rigorous imprisonment for one month. The sentences have been ordered to run concurrently. Challenging the said conviction and sentence, the appellants are before this Court, with these Criminal Appeals.

(2.) THE case of the prosecution, in brief, is as follows:

(3.) A horizontal gapping heavy cutting injury over upper part of neck measuring 17 x 3 x 6 cms, it lies 4 cm below injury No. 3, it cuts the underlying trachea, esophagus, muscles, arteries, nerves and cervical vertebra.