THANGAMUTHU Vs. STATE

JUDGEMENT

(1.) In S. C. No. 136 of 1991, on the file of 1st Additional Assistant Sessions Judge, Erode, the petitioners were tried for the offences under Sections 147, 148, 451, 427, 323, 324, 323 r/w. 149, 324 r/w. 149, 366 and 366 r/w. 149, I.P.C., on the allegations that on 9-11-1989 at about 5.30 p.m., all the accused/petitioner's formed themselves into unlawful assembly and committed rioting, armed themselves with dangerous weapons, trespassed into the house of P.W. 4 Visalakshi and assaulted P.W. 1 Kuppusamy and P.W. 2 Saraswathi, caused damage to the door of the house of P.W. 4 Visalakshi and forcibly abducted her.

(2.) The trial Court after completion of trial by judgment dated 28-4-1992, convicted and sentenced A-1, A-3 and A-6 under Section 147, I.P.C. and to undergo R.I. for three months each, convicted and sentenced A-2, A-4 and A-5 under Section 148, I.P.C. and to undergo R. I. for four months each. A-1 to A-6 were convicted and sentenced under Section 451, I.P.C. and to undergo R. I. for three months. A-2 was convicted and sentenced under Sec. 323, I.P.C., and to undergo R. I. for three months. A-4 was convicted and sentenced under Section 324, I.P.C., and to undergo R.I. for 6 months. A-1 was convicted and sentenced under Section 366, I.P.C., and to undergo R.I. for 4 years and to pay a fine of Rs. 2,000/- in default to undergo S.I. for six months. A-2 to A-6 were convicted and sentenced under Section 366 r/w 149, I.P.C., to undergo R.I. for four years and to pay a fine of Rs. 2,000/- in default to undergo S.I. for six months each. The substantive sentences were directed to run concurrently. However, the learned trial Judge acquitted A-5 Subramanian of the charges under Sections 427, 323 r/w 149, I.P.C. and 324 r/w 149, I.P.C. As also, A-1, A-3 and A-6 were acquitted of the charges under Sections 323 r/w 149, I.P.C. and 324 r/w 149, I.P.C. and A-4 was acquitted of the charge under Section 323 r/w 149, I.P.C.

(3.) Aggrieved over this judgment, the accused 1 to 6 have filed an appeal before the Sessions Court, Erode. The learned Principal Sessions Judge, by Judgement dated 28-7-1993 in C.A. No. 19 of 1992, dismissed the appeal, confirming the conviction and sentence imposed by the trial Court on the accused. Hence this revision.