MURTHY AND ORS Vs. STATE

JUDGEMENT

(1.) Totally eighteen accused were charged in S.C. No. 34 of 1999 on the file of the First Additional Sessions Judge, Salem.

(2.) A1 to A18 were charged for offences under Sections 148, 307 read with 149 and 332 read with 149 IPC, and Section 3(1) of the TNPPD Act read with Section 149 IPC, A1 to A6 under Sections 341 IPC and 3 of Explosive Substances Act, A7 to A18 under Section 6 of the Explosive Substances Act, A6 to A11 under Section 332 IPC, A1 to A5, A7 to A10 and A12 to A18 under Section 332 read with 149 IPC, A1 to A10 and A14 under Section 302 read with 34 IPC, A2 to A9 and A11 to A13 and A15 to A18 under Section 302 read with 149 IPC, A3, A4 and A8 under Section 302 read with 34 IPC, A1, A2, A5 to A7 and A9 to A18 under Section 302 read with 149 IPC, A5, A7, A15 and A17 under Section 302 read with 34 IPC, A1 to A4, A6, A8 to A14, A16 and A18 under Section 302 read with 149 IPC, A2, A6 and A18 under Section 302 read with 34 IPC, A1, A3 to A5 and A7 to A17 under Section 302 read with 34 IPC, A11, A12, A13, A16 under Section 302 read with 34 and A1 to A10, A14, A15, A17 and 18 under Section 302 read with 149.

(3.) The learned Additional Sessions Judge, Salem found A4, A5, A8, A12, A14, A15 and A16 not guilty under any of the aforesaid offences and found A1, A2, A3, A6, A7, A9, A10, A11, A13, A17 and A18 guilty for offences under Sections 148, 341 and 302 IPC (five counts) and Section 3 of the Explosives Substances Act and sentenced them each to undergo one year rigorous imprisonment for offence under Section 148 IPC, one month simple imprisonment for offence under Section 341 IPC and life imprisonment and to pay fine of Rs. 5000/= each in default to undergo a further period of two years rigorous imprisonment for offence under Section 302 IPC (five counts) and to undergo one year rigorous imprisonment for offence under Section 3 of the Explosive Substances Act. The sentence imposed for offences under Sections 148 and 341 IPC and 3 of the Explosive Substances Act were ordered to run concurrently, but, the sentence imposed for offence under Section 302 IPC (five counts) were directed to run consecutively. Fine amount imposed was directed to be paid as compensation to the heirs of the victims.