MECHANIC KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The appellant in Crl.A. No.58 of 2016 is A.1; the appellants in Crl.A. No. 7 of 2016 are A.5 & A.6 respectively and the appellants in Crl.A. No .796 of 2015 are A.2, A.3, A.4, A.7, A.8 & A.9 respectively in S.C. No. 41/2015, on the file of the learned Special Judge (SC/ST Act cases), Villupuram. There were totally 14 accused in the case. The trial Court framed six charges against the accused as detailed below:- <IMG>JUDGEMENT_196_LAWS(MAD)8_2016.jpg</IMG> All the accused denied the above charges framed against them. By judgment dated 11.12.2015, the trial Court acquitted A.2 & A.10 from the charge under Sec. 302 I.P.C., r/w 3(2)(v) of SC/St Act and also acquitted A.10 to A.14 from the charge under Sections 148 & 448 I.P.C., however, convicted & sentenced the appellants as detailed below:- <IMG>JUDGEMENT_196_LAWS(MAD)8_20161.jpg</IMG> The trial Court ordered the above sentences to run concurrently. Challenging the above conviction and sentence, the appellants are before this Court with these criminal appeals.

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

(3.) After the occurrence, all the injured including the deceased were taken to the Government Hospital at Mundiambakkam. Since, the deceased was in a serious condition, he was referred to Jipmer Hospital at Puducherry. Around 3.00 pm, on 05.11.2010, the deceased died in the hospital. Then P.W.1, who is the relative of the deceased went to the Police Station and made a complaint at 7.00 pm on 05.11.2010. P.W.22, the then Sub Inspector of Police on receipt of the said complaint registered a case in Crime No.687 of 2010 for offences under Sections 147, 148, 448, 294(b), 323, 324, 307 & 302 I.P.C., r/w 3(2)(V) of SC & ST Act. Ex.P.1 is the complaint and Ex.P.35 is the F.I.R. In Ex.P.1 - complaint, P.W.1 has stated that 11 named accused and few unnamed accused were the assailants. Out of the named accused, P.W.1 had mentioned the names of one Mr. Jayaraj and Sridhar also as the assailants with a specific overt acts. Mr. Jayaraj was arrayed as A.2 and Mr. Sridhar was arrayed as A.3. P.W.22, then forwarded Ex.P.1 - complaint and Ex.P.35 F.I.R., to Court which were received by the learned Judicial Magistrate, Villupuram, only at 5.00 pm on 06.11.2010 (vide the endorsement of the learned Judicial Magistrate on Ex.P.35).