K BALAN Vs. STATE

JUDGEMENT

(1.) THE above appeal is filed against the Judgment of learned Nilgiris district Sessions Judge, Udhagamandalam in Sessions Case No. 27 of 19 96 dated 14. 07. 1997, convicting the appellants/accused under Section 324 I. P. C. and sentenced them to undergo Imprisonment for 3 years respectively.

(2.) ORIGINALLY, the appellants / accused along with 10 other accused were charge sheeted for various offences under IPC. The said case was numbered as S. C. No. 27 of 1996 on the file of the Nilgiris District Court, udhagamandalam. Since the accused Rajesh @ Anantharaman was absconding for a long time, his case was split up from the original case and numbered as s. C. No. 4 of 1997 and decided subsequently.

(3.) IN the meantime, the case against appellants/accused along with 9 other accused was tried and disposed of on 16. 7. 1997 in S. C. No. 27 of 1996, convicting the appellant/accused under Section 324 I. P. C. and sentenced them to suffer Rigorous Imprisonment for three years, after acquitting for the remaining charges levelled against them. At the same time, the accused namely s. K. Krishnamoorthy, Srinivasan, Manoj @ Manojkumar, Jawahar, Siva @ Sivaraj, sathyanarayanan, Siva @ Sivakumar, Sudhakar and M. Ganesh who were also concerned in same case were acquitted in respect of all charges levelled against them in the same judgment.