SUNDAR Vs. STATE

JUDGEMENT

(1.) THE appellants in this appeal are A-1 to A-4 in S.C. No.286/03 on the file of the Court of Sessions, Vellore. THE charges framed against the appellants are - Section 120-B I.P.C. (A-1 to A-4); Section 341 I.P.C. (A-3 and A-4); Section 302 I.P.C. (A-1 and A-2); Section 307 I.P.C. (A-2); Section 302 read with 114 I.P.C. (A-3 and A-4) and Section 307 read with 114 I.P.C. (A-4). At the end of the trial, all the accused were found guilty of all the charges and for the offence of murder and with the aid of Section 114 I.P.C., each one of the convicted person was sentenced to undergo imprisonment for life together with a fine of Rs.1,000/- carrying a default sentence. THE charge under Section 307 I.P.C. failed and instead the conviction was under Section 324 I.P.C. for which a sentence of one year rigorous imprisonment was awarded with a fine of Rs.1,000/- as against the persons charged originally. We are not referring to the other minor punishments. Hence, the present appeal by the appellants. Heard V.Gopinath, learned senior counsel appearing for the appellants and N.R.Elango, learned Addl. Public Prosecutor appearing for the State.

(2.) THE prosecution case is that, pursuant to a criminal conspiracy hatched two or three days prior to the occurrence, namely, 29.5.2003, all the accused fatally attacked Natarajan at about 8.15 p.m. on 29.5.2003 and in the course of the same transaction and an attempt was made on the life of P.W.1 and, hence, punishable as referred to earlier. THE prosecution examined P.W.s 1 to 11 besides marking Exs.P-1 to P-18 and M.O.s 1 to 8. THE defence examined the doctor in Government service as D.W.1 and through whom Exs.D-1 and D-2 came to be marked.

(3.) WHEN the accused were questioned under Section 313 Cr.P.C. on the basis of the incriminating circumstances appearing against them, they denied each and every circumstance put up against them as false and contrary to facts. On their side, D.W.1, the Assistant Surgeon at the Government Hospital, Vellore, was examined. We extract hereunder his evidence :-