M. DEEPAK AND ORS. Vs. THE STATE

JUDGEMENT

(1.) The appellants in Crl.A. No. 635/2012 are arrayed as the accused 1 and 4 and the appellant in Crl.A. No. 675/2012 is arrayed as the third accused and the appellant in Crl.A. No. 583/2013 is arrayed as the second accused. As per the charge sheet filed by the Inspector of Police, Hasthampatti Police Station in Crime No. 386/2008, which was taken cognizance in P.R.C. No. 31/2008 by the Judicial Magistrate No. III (Full Additional Charge), Salem, ten persons were arrayed as the accused and on committal, the case was taken on file in S.C. No. 39/2009 and it was tried by the Court of I Additional Sessions Judge, Salem. The trial Court has framed the following charges against accused Nos. 1 to 10:

(2.) The trial Court, vide judgment dated 17.08.2012, has convicted the accused 1 to 4 for the commission of offences under Ss. 341, 302 r/w. 34 IPC and sentenced them to undergo simple imprisonment for one month for the offence under Sec. 341 IPC and sentenced them to undergo life imprisonment and to pay a fine of Rs. 10,000/ - in default to undergo rigorous imprisonment for two years for the offence under Sec. 302 r/w. 34 IPC, further ordered that the sentences shall run concurrently, also granted them set off under Sec. 428 CrPC and in respect of remaining charges, the accused 1 to 4 were found not guilty. The State did not prefer any appeal insofar as the acquittal of the accused 1 to 4 in respect of other charges framed against them and also the acquittal of rest of the accused, namely accused 5 to 10. The accused 1 to 4, aggrieved by the above said conviction and sentence passed by the trial Court, vide impugned judgment, had filed these appeals.

(3.) Facts leading to the filing of these appeals are as follows: