SANKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE appellants, six in number, have challenged the judgment of the learned District Sessions Judge, Nagapattinam made in S. C. No. 263 of 2003, whereby they stood charged, tried and found guilty as follows: charges: a2,a3,a5 and A6 Section 120-B IPC a-4 Sections 147, 302 r/w S. 149 and 323 IPC a-1 to A-3 Sections 148, 302 or 302 r/w S. 34 IPC a-5 and A-6 Section 302 r/w S. 120-B IPC conviction and Sentence: a-1 to A-3 - S. 148 IPC - 2 years RI- S. 302 r/w S. 34 IPC - life imprisonment and a fine of Rs. 2000/- with default sentence. A-4 - S. 147 IPC - 1 year RI- S. 323 IPC - 1 year RI- S. 302 r/w S. 149 IPC - life imprisonment and a fine of Rs. 2000/- with default sentence. A-5 and A-6 - S. 302 r/w S. 109 IPC - life imprisonment and a fine of Rs. 2000/- with default sentence. A-2, A-3, A-5 and A-6 - no separate sentence awarded under S. 120-B IPC.

(2.) THE short facts necessary for the disposal of this appeal can be stated thus:

(3.) SINCE one of the accused was absconding and one of the accused was juvenile, the case was split up and in respect of the other accused, the case was committed to court of sessions and necessary charges were framed. In order to substantiate the charges levelled against the accused, the prosecution has examined 18 witnesses and relied on 20 exhibits and 14 M. Os. On completion of the evidence on the side of the prosecution, the accused were questioned under Section 313 Cr. P. C procedurally as to the incriminating circumstances found in the evidence of prosecution witnesses, which they flatly denied as false. On the side of the defence, one witness was examined and one document was marked. On completion of the evidence on both sides, the trial court heard the arguments advanced by both sides and has found the appellants guilty as mentioned above and awarded punishment as referred to above, which is the subject matter of challenge before this Court.