SENTHILKUMAR Vs. VELMURUGAN

JUDGEMENT

(1.) THIS judgment shall govern two appeals viz. Crl.A. Nos.24 and 45 of 2003. Crl. A. No.24 of 2003 is preferred by third accused, while Crl.A. No.45 of 2003 is preferred by accused 1, 2 and 4 against the judgment dated 30.4.2002 passed in S.C. No.16 of 2002 on the file of the Additional Sessions Judge-cum-Fast Track Court No.I, Erode.

(2.) THESE appellants, ranked as accused 1 to 4, stood charged, tried and found guilty under Sections 120(B), 302 and 380 of the Indian Penal Code and awarded life imprisonment for the offences punishable under Sections 120(B) and 302 of the Indian Penal Code and three years Rigorous Imprisonment for an offence under Section 380 of the Indian Penal Code and they should undergo the imprisonment concurrently, while the fifth accused was acquitted of the charges levelled against him.

(3.) AT about 1.30 p.m., when he was nearing the shop, he found the third accused just proceeding towards the shop and raising the shutter, following which, accused 2 to 4 also entered the shop. They immediately pulled down the shutter. On seeing this, P.W.2 went aside and witnessed the occurrence, which took place inside the shop, through a window. AT that time, he saw the first accused attacked the deceased with aruval on the right neck of the deceased the second accused stabbed him on the stomach and on the right side of the chest, the third accused caused injury with knife on the lower face and neck and the fourth accused caused injury with scissile on the right side of the neck.