RAVICHANDRAN Vs. INSPECTOR OF POLICE THITTAKUDI POLICE STATION

JUDGEMENT

(1.) THE appellants are the accused in S.C.No.173 of 2003 on the file of Additional Court of Sessions (Fast Track Court No. III), Vridhachalam. A.1 stands convicted under Section 302 I.P.C. for which he stands sentenced to undergo imprisonment for life together with a fine of Rs.3,000/- carrying a default sentence. A.2 stands convicted under Section 323 I.P.C. for causing simple injury on P.W.2, for which he stands sentenced to pay a fine of Rs.500/-. A.2 also stands convicted for the offence under Section 326 I.P.C. for causing grievous injury to P.W.2 for which he stands sentenced to undergo three years rigorous imprisonment together with a fine of Rs.1,000/- carrying a default sentence. A.3 stands convicted under Section 323 I.P.C. for causing a simple injury to P.W.3 for which he stands sentenced to pay a fine of Rs.300/-. A.4 stands convicted under Section 324 I.P.C., for which he stands sentenced to pay a fine of Rs.3,000/-. A.5 and A.6 also stand convicted under Section 324 I.P.C. for which each one of them stands sentenced to pay a fine of Rs.3,000/- each. Hence they are before this Court in this appeal. Heard Mr.A.Padmanabhan, learned counsel appearing for the appellants and Mr.N.R.Elango, learned Additional Public Prosecutor for the State.

(2.) THE charges against the accused are under Section 148 I.P.C. (A.1,2,4 to 6); 147 I.P.C. (A.3); 302 I.P.C. (A.1); 302 read with 149 I.P.C. (A.2 to A.6); 323 I.P.C.(A.2); 307 I.P.C. (A.1); 323 I.P.C.(A.3) and 307 I.P.C.(A.4). THE accused are acquitted of offences under Sections 148, 147, 302 read with Sections 149 and 307 I.P.C. but instead as already noted, the conviction is for the offences indicated earlier. THE occurrence, according to the prosecution took place at 8.30 p.m. on 23.11.2002 by the accused forming themselves into members of an unlawful assembly attacked Vijayakumar fatally and the witnesses. To support their case, the prosecution examined P.Ws.1 to 12 besides marking Exs.P.1 to P.18 and M.Os.1 to 9. THE defence did not let in either oral or documentary evidence.

(3.) THE evidence of P.Ws.2, 3, 4 and 6 regarding the occurrence proper is on the same lines as spoken to by P.W.1. P.W.5 witnessed the preparation of Ex.P.2, the Observation Mahazar; the arrest of A.2; his examination and recording of his confession statement, leading to the recovery as already spoken to by P.W.12. P.W.7 examined as an eye witness to the occurrence turned hostile. However before she came to be treated as hostile, she admitted that next to the house where Vijayakumar lives, is her house but however she is not living there. She would state that she lives ten houses away from Vijayakumar's house. P.W.8 and 9 are also examined as eye witnesses to the occurrence. However they did not implicate A.5 and A.6 in any manner in the occurrence. In all other aspects, their evidence is on the same lines as spoken to by P.Ws.1 to 4 and 6.