ALAGARSAMY Vs. STATE

JUDGEMENT

(1.) ALL the above Criminal Appeals and the Criminal Revision Case arise against the Common Judgment passed by the Principal Sessions Judge, Salem, in Sessions Case No. 10 of 2001, convicting 17 out of 40 accused and acquitting 23 accused.

(2.) CRIMINAL Appeal Nos. 803, 863 and 871 of 2001 are by A-1, A-3, A-4, A-5, A-7, A-8, A-9, A-11, A-12, A-13, A-14, A-15, A-18, A-20, A-21, A-22 and A-40, challenging their conviction under Section 302 read with Section 34 and Sec.148 IPC, and the sentence of life imprisonment. Crl.R.C.No. 285 of 2001 has been filed by one Kumar, an injured eye witness, examined as P.W.2, and two other eye witnesses, ie., P.Ws.5 and 9, as against the acquittal of 23 accused, namely, A2, A6, A10, A16, A17, A19, A23, A24, A25, A26, A27, A28, A29, A30, A3 1, A32, A33, A34, A35, A36, A37, A38 and A39, from the charges levelled against each of them. Crl.M.P.No.9069 of 2005 in Crl.R.C.SR.No. 46 945 of 2005 is a petition filed by P.W.2 and two others, seeking condonation of delay in filing the Revision, challenging the acquittal of A1, A3, A4, A5, A7, A8, A9, A11, A12, A13, A14, A15, A18, A20, A21, A22 and A40 from the charges levelled against them.

(3.) HEARD Mr. B. Sriramulu, learned Senior Counsel for appellants in Criminal Appeal No. 803/2001 Mr. S. Ashok Kumar, learned Senior Counsel for appellants in Criminal Appeal No. 863/2001, for appellant in Criminal Appeal No. 871/2001 Mr. M. Balasubramanian for appellant in Criminal Appeal No. 871/2001 Mr. V. Gopinath, learned senior counsel for petitioner in Crl.R.C.No. 285/2002 Mr. P. Rathinam, for petitioner in Crl.M.P. No.9069/05 in Crl.R.C. No.46495/2005 and Mr.N.R.Chandran, learned Advocate General for Respondent/State.