SETHULINGAM AND ORS. Vs. THE STATE

JUDGEMENT

(1.) The appellants are the accused 1 and 2 in S.C.No.396 of 2002, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Madurai. The third accused, in the case, was one Mr.Mani. The first appellant herein stood charged for the offence under Sections 147, 148, 307 and 324 read with 149 I.P.C and the second appellant stood charged for the offence under Sections 147, 148 and 324 read with 149 I.P.C. The third accused also stood charged for the offence under Sections 147, 148 and 324 read with 149 I.P.C. The Trial Court, by Judgment, dated 11.11.2005, acquitted the third accused Mr.Mani, but convicted these appellants under Sections 147, 148 and 324 read with 149 I.P.C. For the offence under Section 147 I.P.C., they have been sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/- each, in default, to undergo simple imprisonment for two months, for the offence under Section 148 I.P.C., they have been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000/- each, in default to undergo simple imprisonment for two months and for the offence under Sections 324 read with 149 I.P.C., they have been 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. Challenging the said conviction and sentence, the appellants are before this Court, with this Criminal Appeal.

(2.) Before, further elaborating the facts of the case, let me state the following facts also. Originally, in this case, there were five accused, including the appellants. The first accused was one Mr.Mahendran and the second accused was one Mr.Senthilkumar. The third accused was the first appellant herein and the fourth accused was the second appellant herein and the fifth accused was the acquitted accused Mr.Mani. When all the five were jointly tried, the said Court framed as many as four charges. The first charge was under Section 147 I.P.C. against all the accused; the second charge was against all the accused under Section 148 I.P.C.; the third charge was under Section 307 I.P.C. against the accused 1 to 3 and the fourth charge was under Sections 324 read with 149 I.P.C. against all the five accused. This case was split up and the case against the first accused Mr.Mahendran was tried in S.C.No.161 of 2004 and the case against the second accused Mr.Senthil was tried in Sessions Case No.430 of 2003. So far as the present case is concerned, as I have already pointed out, only three accused were tried after rearrangement of the accused and in the present case, the appellants herein were shown as accused 1 and 2 and the acquitted accused Mr.Mani was shown as accused No.3.

(3.) The case of the prosecution, in brief, is as follows:-