DHANAKANDHAN Vs. STATE

JUDGEMENT

(1.) The appellants in Crl.A.No.163 of 2014 are the accused Nos.3, 4 and 7; the appellant in Crl.A.No.177 of 2014 is accused No.6; the appellants in Crl.A.No.190 of 2014 are the accused Nos.1, 2 and 8; the appellant in Crl.A.No.193 of 2014 is accused No.9; the appellant in Crl.A.No.207 of 2014 is accused No.10 and the appellant in Crl.A.No.208 of 2014 is accused No.11 in S.C.No.217 of 2007 on the file of the learned III Additional District and Sessions Judge, Cuddalore at Virudhachalam. The 5th accused was one Mr.Thoppiyan @ Dharmaraj, he died during the trial of the case and thus the charges against him stood abated. The trial Court framed as many as ten charges against the above stated 11 accused as detailed below: <IMG>JUDGEMENT_231_LAWS(MAD)6_2016.jpg</IMG> By judgment dated 18.03.2014, the trial Court convicted these appellants/accused 1 to 4 and 6 to 11 for various offences as detailed below: <IMG>JUDGEMENT_231_LAWS(MAD)6_20161.jpg</IMG> The trial Court acquitted these appellants from the rest of the charges. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

(2.) The case of the prosecution in brief is as follows:

(3.) When the above incriminating materials were put to the accused, under Sec. 313 of Crimial P.C. they denied the same as false. On their side, one Mr.Elangovan, Grade-I Security at N.L.C., was examined. He has stated that on 06.01.2007, at about 09.40 p.m., he was on duty at the N.L.C. hospital. According to him, though P.W.1 and the deceased were brought, the deceased was found dead. According to him, P.W.1 told that he was attacked by unknown persons. He made entries in the General Diary of N.L.C. which is Ex.D1.