N. FAKRUDHIN ALI AND ORS. Vs. STATE

JUDGEMENT

(1.) THE appellants in Crl. A.[MD]. No. 581 of 2006 are the accused in S.C. No. 32 of 2006, on the file of the learned Additional District and Sessions Judge cum Fast Track Court, Pudukkottai. The respondent in Crl. A.[MD]. No. 618 of 2007 is the third accused in the said case. They stood charged for the offences punishable under Sections 498(A), 306, 176 and 201 of the Indian Penal Code. By Judgment dated 13.12.2006, the Trial Court acquitted the third accused and convicted the accused 1, 2 and 4. For the offence under Section 498(A) of the Indian Penal Code, the accused 1, 2, and 4 were sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/ - each in default to undergo rigorous imprisonment for six months and for the offence under Section 306 of the Indian Penal Code, they were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/ - in default to undergo rigorous imprisonment for six months. They were acquitted of the rest of the charges. Challenging the said conviction and sentence, the accused 1, 2 and 4 have come up with Crl. A.[MD]. No. 581 of 2006. Aggrieved by the acquittal of the third accused, the State has come up with Crl. A. [MD]. No. 618 of 2007. That is how, these two Criminal Appeals are before this Court for disposal.

(2.) SINCE both the Criminal Appeals arise out of the same Judgment, they were heard together and they are disposed of by means of this Common Judgment. The case of the prosecution, in brief, is as follows: - -

(3.) I have heard the learned Senior Counsel appearing for the appellants in Crl. A.[MD]. No. 581 of 2006 and the respondent in Crl. A. [MD]. No. 618 of 2007, the learned Additional Public Prosecutor appearing for the State and also perused the records carefully.