RAJAMANICKAM; KALIAMMAL; SAKTHIVEL Vs. STATE

JUDGEMENT

(1.) The appellants herein are the accused 1 to 4 in S.C.No.192 of 2012 on the file of the learned III Additional Sessions Judge, Erode at Gobichettipalayam. The 2nd accused Surya @ Silambarasan died during trial and thus, the charges against him stood abated. The 3rd accused Rajamanickam died on 09.08.2015 during the pendency of the appeal in Crl.A.No.199 of 2013. The trial court framed charges under Sections 363 and 376 of I.P.C. against the 1st accused and under Section 363 read with 109 of I.P.C. against the accused 2 to 4. By judgment dated 01.03.2013, the trial court convicted the 1st accused under Sections 363 and 376 of IPC and the accused 3 and 4 under Section 363 read with 109 of IPC and sentenced the 1st accused to undergo rigorous imprisonment for seven years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 3 months for the offence under Section 363 of I.P.C., and to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 3 months for the offence under Section 376 of IPC and sentenced the accused 3 and 4 to undergo rigorous imprisonment for 6 months and to pay a fine of Rs.500/-, in default, to undergo simple imprisonment for 3 months for the offence under Section 363 read with 109 of IPC. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

(2.) Since the 3rd accused Rajamanickam/1st appellant in Crl.A.No.199 of 2013 died on 09.08.2015, during the pendency of the appeal, which is evident from the Death Certificate issued by the Registrar of Births and Deaths, Salem City Municipal Corporation, Salem, the appeal as against him stands abated.

(3.) The case of the prosecution in brief, is as follows:-