SAHAYAM Vs. STATE

JUDGEMENT

(1.) THESE appeals are directed against the Judgment dated 27. 04. 2004 made in S. C. No. 157 of 1998 by the Sessions Judge, Kanyakumari Division at Nagercoil, convicting A-1 to 3, 6 and 7 (Appellants in C. A. No. 451 of 2007), A-4 (Appellant in C. A. No. 74 of 2004), A-5 (Appellant in C. A. No. 3 of 2004), A-8 (Appellant in C. A. No. 694 of 2004), A-9 (Appellant in C. A. No. 671 of 2004) and A-10 (Appellant in C. A. No. 75 of 2004) for offences punishable under Sections 148, 458 and 460 I. P. C and sentencing them each to undergo three years R. I for the offence under Section 148 I. P. C; five years R. I and to pay a fine of Rs. 2,000/- in default to undergo R. I for two more years for the offence under Section 458 I. P. C; and five years R. I and to pay a fine of Rs. 2,000/- in default to undergo R. I for two more years for the offence under Section 460 I. P. C, further convicting A-2 for offences punishable under Sections 332 and 302 I. P. C and sentencing him to undergo R. I for three years for the offence under Section 332 I. P. C; to undergo life imprisonment and to pay a fine of Rs. 25,000/- in default to undergo R. I for three more years, further convicting A-3, A-6 and A-7 (Appellants in C. A. No. 451 of 2007) under Section 302 read with 149 I. P. C and to undergo life imprisonment and to pay a fine of Rs. 5,000/- in default to undergo R. I for three more years, further convicting A-4 (Appellant in C. A. No. 74 of 2004) for offences under Sections 25 (1) (b) and 27 (2) of Arms Act and sentencing to undergo R. I for three years and to pay a fine of Rs. 1,000/- in default to undergo R. I for one month for the offence under Section 25 (1) (b) of Arms Act and to undergo R. I for nine years and to pay a fine of Rs. 10,000/- in default to undergo R. I for two more years for the offence under Section 27 (2) of Arms Act, further convicting A-5 (Appellant in C. A. No. 3 of 2004) for an offence under Section 302 I. P. C for having murdered Babu Suresh (Deceased No. 2) and sentencing him to undergo life imprisonment and to pay a fine of Rs. 25,000/- in default to undergo R. I. for three more years, further convicting A-6 (Appellant in C. A. No. 451 of 2007) for an offence under Section 307 I. P. C and sentencing him to undergo R. I for ten years and to pay a fine of Rs. 10,000/- in default to undergo R. I for one more year, further convicting A-8 (Appellant in C. A. No. 694 of 2004) for an offence under Section 201 I. P. C and sentencing to undergo R. I for five years and to pay a fine of Rs. 1,000/- in default to undergo R. I for one more year, further convicting A-1 and A-10 (Appellants in C. A. No. 451 of 2007 and C. A. No. 75 of 2004) for offences under Sections 427 and 302 (2 counts) I. P. C for causing murder of Lingam alias Muthulingam (Deceased No. 1) and Babu Suresh (D-2) and sentencing to undergo R. I for two years for the offence under Section 427 I. P. C and life imprisonment for each count and to pay a fine of Rs. 25,000/- for each count in default to undergo R. I for three more years for each count for the offence under Section 302 (2 counts) I. P. C, convicting A-23 (Appellant in C. A. No. 56 of 2004) for offences punishable under Sections 458 and 460 I. P. C and sentencing him to undergo R. I for five years and to pay a fine of Rs. 2,000/- in default to undergo R. I for two more years for the offence under Section 458 I. P. C; to undergo R. I for five years and to pay a fine of Rs. 2,000/- in default to undergo R. I for two more years for the offence under Section 460 I. P. C.

(2.) UPON finding the involvement of 36 persons in the offence of committing unlawful entry into Sub Jail at Nagercoil, threatening P. Ws. 1 and 12, who are Jail Wardens and stealthily removing the key of the jail, got it opened and attacked P. Ws. 2 to 6, who are under trial prisoners and causing them injuries and also committing murder of Lingam alias Muthlingam (D-1) and Babu Suresh (D-2), who are also under trial prisoners, final report was laid against 25 persons, among whom, the Seventh Accused / Rajakumar, Son of David died pending trial. Learned Sessions Judge, Nagercoil, after re-arranging the accused upon the death of seventh Accused, convicted and sentenced A-1 to A-11 and A-23 to undergo imprisonment for the offences mentioned above. A-12 to A-22 and A-24 were acquitted.

(3.) FOR the sake of convenience and clarity, the appellants / accused are referred to as per their rank in the Impugned Judgment in S. C. No. 157 of 1998 dated 27. 04. 2004.