MADHAIYAN Vs. STATE REP BY INSPECTOR OF POLICE, KADATHUR POLICE STATION, DHARMAPURI DISTRICT (CR.NO.137 OF 2011)

JUDGEMENT

(1.) The appellants in Crl.A.No.107 of 2016 are the accused 1 to 3 in S.C.No.13 of 2014 on the file of the learned Additional Sessions Judge, Dharmapuri. There were three other accused in the case who were arrayed as accused Nos.4 to 6. The appellants in Crl.A.No.107 of 2016 are the respondents 1 to 3 in Crl.A.No.461 of 2016 and accused 4 to 6 are the respondents 4 to 6 in Crl.A.No.461 of 2016. Crl.A.No.461 of 2016 has been filed challenging the acquittal. The trial Court had framed as many as six charges against the accused as detailed below: <FRM>JUDGEMENT_123_LAWS(MAD)12_2016_1.html</FRM> By judgment dated 04.07.2015, the trial Court acquitted the accused 4 to 6 from all the charges. Similarly, the trial Court acquitted the accused 1 to 3 also from the charges under Sec. 120(B) I.P.C. and Sec. 148 I.P.C. The trial Court, however convicted these accused 1 to 3 under Sec. 304(i) I.P.C. (2 counts) and sentenced them to undergo rigorous imprisonment for ten years and pay a fine of Rs.2000.00 each in default to undergo rigorous imprisonment for six months. The trial Court convicted the accused 1 and 2 under Sec. 307 I.P.C. and the third accused under Sec. 307 r/w 34 I.P.C. and sentenced them to undergo rigorous imprisonment for five years and pay a fine of Rs.1000 in default to undergo rigorous imprisonment for three months. The trial Court convicted the accused 1 to 3 under Sec. 341 I.P.C. and sentenced them to undergo simple imprisonment for one month. Challenging the above conviction and sentence imposed by the trial Court, the accused 1 to 3 have come up with Criminal Appeal No.107 of 2016.

(2.) The appellant in Crl.A. No.461 of 2016 is the de facto complainant and a victim. Challenging the acquittal of the accused 1 to 3 from certain charges as detailed above and the acquittal of the accused 4 to 6 and also seeking conviction of the accused 1 to 3 under Sec. 302 I.P.C., he has come up with the said appeal.

(3.) The appellant/de facto complainant in Crl.A. No.461 of 2016 has filed Crl.R.C. No.335 of 2016 against the accused 1 to 3 seeking enhancement of punishment for the accused 1 to 3. That is how these three matters are before us for disposal.