NATHAN ALIAS CHRISTOPHER YOGANATHAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) APPEALS preferred against the judgment dated 28. 1. 2004 in S. C. No. 410 of 2003 on the file of the learned First Additional Sessions Judge, Chennai. Judgment the third accused has preferred Criminal Appeal No. 354 of 2004, the fifth accused Criminal Appeal No. 523 of 2004 and the first and the fourth accused Criminal Appeal No. 265 of 2005 as against the judgment of conviction and sentence recorded by the trial Judge. The second accused has not chosen to prefer any appeal as against the judgment of conviction and sentence passed by the trial Judge.

(2.) THE charges as against A. 1 to A. 5 are that on 13. 8. 2001 at about 10. 15 P. M. in front of the shop of Sekar located at Door No. 13, Gandhi Road, Taramani 100 feet Road, Velachery, the accused 1 to 5 formed an unlawful assembly and committed rioting armed with deadly weapons and thereby committed an offence punishable under Section 148 of the Indian Penal Code; during the course of the same transaction A. 1 to A. 3 trespassed upon the mechanical shop of Sekar and thereby they committed an offence punishable under Section 449 of the Indian Penal Code; during the course of the said transaction, all the accused 1 to 5 with an intention to cause the death of Sekar attacked him with lethal weapons at the aforesaid place of occurrence and committed murder punishable under Section 302 of the Indian Penal Code.

(3.) THE brief text of the prosecution case as unfolded by the witnesses examined on their side is as follows:-Anbu, PW. 5 is the brother of the deceased Sekar. Veerabadran, PW. 1 was an employee working in the mechanic shop run by the deceased Sekar at Taramani. The deceased Sekar having taken the premises of Guru PW. 2 was running a mechanical shop over there at Taramani.