FRANCIS AND ORS. Vs. STATE

JUDGEMENT

(1.) THE appellants herein are accused Nos. 2, 3 and 1, respectively, in S.C. No.93 of 2006, on the file of the learned Additional District and Sessions Judge, Fast Track Court No.II, Tuticorin. The 4th accused in the case is one Mr. Joseph. Originally, there were seven accused in the case, against whom final report was laid. As a matter of fact, the trial court framed charges against all the seven accused. Originally, the appellants were accused Nos. 4, 6 and 1, respectively and the 4th accused in S.C. No.93 of 2006 was accused No. 7. As against all the seven accused, the trial court framed charges, as detailed below.

(2.) BEFORE the trial could commence, the 5th accused Sudalai @ Sudalaimuthu passed away. The other two accused by name Suresh and Kavi @ Kavithai were absconding and therefore the case against them was split -up. Thus, the remaining accused, namely the appellants herein and Mr. Joseph, hereafter referred to as accused Nos. 1 to 4, faced trial. By judgment dated 04.10.2010, the trial court convicted all the four accused as detailed below.

(3.) Based on the above materials, the Trial Court framed charges, as detailed in the first paragraph of this Judgment. The accused denied the same. As stated earlier, before the trial could commence, Accused Suresh and Kavi @ Kavithai absconded and therefore the case against them was split -up. Accused Sudalai @ Sudalaimuthu passed away. Therefore, the trial proceeded against the present appellants and the other accused Mr. Joseph.