JOHN PANDIAN Vs. STATE

JUDGEMENT

(1.) A. 7; A. 1; A9 to A. 11; A. 8, A. 2; A. 5, A. 6 and A. 4, who stand convicted and sentenced to undergo life imprisonment by the judgment of the trial Court dated 6. 1. 2003, in Sessions Case No. 149 of 1996, on the file of the Additional Sessions Judge (Fast Track Court No. 1), Coimbatore, are the appellants in Crl. A. Nos. 121,168,375, 379, 391, 395 and 94 5 of 2003 respectively.

(2.) THE State, aggrieved by the acquittal of A. 3 in the above Sessions Case, has filed Criminal appeal No. 1239 of 2004.

(3.) THE prosecution brought the accused, to face the trial, before the trial Court for the offences under Sections 120-B, 302 r/w. 109, 302, 302 r/w. 34 IPC alleging that A. 1/appellant in crl. A. No. 168 of 2003 had love affair with one Sunitha-P. W. 3; that Sunitha not only refused to accede to the request of A. 1, but preferred her classmate, by name Vivi @ Vivek @ vivekanandan and also married him on 13. 12. 1991; that thereafter, A. 1, had love affair with one sherry, who was the Engineering College Student of an Institution owned by the family of A. 1; that though A. 1 married the said Sherry, later she was given in marriage to one Thomas by her parents and hence she left the country along with her husband, which upset A. 1; that thereafter, in order to fulfil his earlier desire of marrying P. W. 3-Sunitha, which has not vanished, A. 1 hatched a conspiracy along with some of the accused to commit the murder of the husband of sunitha viz. Vivek; that the persons, so engaged, had contacted A. 7/the appellant in crl. A. No. 121 of 2003; that he had engaged A. 8 to A. 11 for the purpose of committing the murder of Vivek; that A. 9 to A. 11/appellants in Crl. A. No. 375 of 2003 have executed the plan, viz. committing the murder of Vivek on 17. 8. 1993 at about 10. 15 a. m. at Coimbatore, R. S. Puram, Diwan Bahadur Road near 'richy-Rich' Restaurant, in order to facilitate A. 1 to marry sunitha; thereby all of them are liable to be dealt with under Sections 120-B, 302, 302 r/w. 34 and 302 r/w. 109 IPC.