SRIKANTH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE first accused who prefers Crl. A. No. 345 of 2004, the second accused who prefers Crl. A. No. 309 of 2004, the third and the fifth accused who prefer Crl. A. No. 115 of 2004 have been convicted by the Sessions Court in S. C. No. 385 of 2003. The fourth accused who also suffered the judgment of conviction has not preferred any appeal.

(2.) THE trial Judge convicted all the four accused/appellants and the accused who has not preferred appeal for offence under section 302 r/w 34, I. P. C. and sentence each of them to undergo life imprisonment and to pay a fine Rs. 5,000/- each, failing which to undergo six months' rigorous imprisonment. Though the Criminal Appeal No. 935. of 2004 was not listed we called for the. bundle of the said appeal and took up the same along with these three appeals for disposal.

(3.) THE charge as against the first accused is that on 3-3-2003 at the Auto stand opposite Koyambedu Market, the first accused settu alias Dhanasekaran attacked Senu alias Sreenivasan with knife and thereby he committed murder. In the course of the same transaction, the second and the third accused caught hold of the head and hands of the said Senu alias Sreenivasan facilitating the first accused to stab him to death and thereby the second and the third accused committed the offence punishable under section 302 r/w 34,i. P. C. During the course of the very same transaction the fourth and the fifth accused also facilitated the first accused to commit the crime of murder and thereby fourth and the fifth accused committed the offence punishable under Section 302, r/w 34, I. P. C.